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Is THCA Legal in Florida? (Updated for 2024)

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Disclaimer: The information in this article regarding THCA is drawn from comprehensive research. We make every effort to share the most accurate information available at the time of writing. To this end, our thoughtful approach to sourcing information prioritizes accuracy, relevance, and engagement by leveraging academic journals and databases, government and educational institution websites, Open Educational Resources (OER), and reputable news outlets to ensure the information herein is accurate and current.

However, the legal status of cannabinoids varies by jurisdiction and can change status over time. The reader is advised to check the legal status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.


Introduction

If you live in Florida (the Sunshine State), you might know that medical cannabis is legal, although recreational cannabis is not. According to the 2018 Farm Bill, cannabinoid products containing under 0.3% Delta-9 THC are legal so long as they are derived from hemp.

That said, recreational cannabis is considered a controlled substance in Florida, which calls into question the legal status of THCA. After all, THCA is a precursor cannabinoid. It turns into Delta-9 THC when decarboxylated, although in its raw form, it isn't psychoactive. So, is THCA legal in Florida? Let's find out.

Key Takeaways

  • THCA, a non-psychoactive precursor to Delta-9 THC found in hemp and cannabis, exists in a legal gray area in Florida.
  • Hemp-derived THCA with less than 0.3% Delta-9 THC by dry weight is legal in Florida.
  • The 2018 Farm Bill legalizes any cannabinoid derived from hemp with less than 0.3% Delta-9 THC.
  • In Florida, there are no specific possession limits for THCA.

What is THCA?

THCA stands for tetrahydrocannabinolic acid. This is one of the many non-psychoactive compounds in hemp and cannabis. This means that it does not get you high and generally does not produce any intoxicating effects.

However, though it does not get you high, THCa may have a variety of potential mental and physical health benefits.

Interestingly, THCA is the precursor to Delta-9 THC, or, in other words, the acidic version of THC. Delta-9 THC is a psychoactive substance. It is the main psychoactive cannabinoid that people look for when purchasing cannabis products.

This is what gets you high. Therefore, in many places, THCA may be legal, even though, through the simple application of heat, it turns into Delta-9 THC, which in many cases is not legal.

Learn more about the difference between THCA and THCV.

THCA and Federal Law

There are nuances at play, particularly concerning the difference between Delta-9 THC content and total THC content.

The issue is that, per the USDA, hemp must be tested for total THC content before harvesting. Total THC content simply means the THCa content plus the THC content.

Remember, the Farm Bill limits the THC content in hemp to 0.3%. In this sense, hemp with high levels of THC would technically be illegal. However, there appears to be a loophole.

The USDA's oversight ceases once hemp is harvested. This means that hemp is not tested for THCA content. In this sense, THC should be considered legal at the federal level. The DEA also indicates that THCA levels are irrelevant during the testing process.

The 2018 Farm Bill states that any cannabinoid derived from hemp with less than 0.3% Delta-9 THC is legal. Therefore, in principle, THCA is legal at the federal level.

Florida State THCA Laws

Florida passed laws reflective of the 2018 federal Farm Bill. As such, cannabinoid products are legal if they are derived from hemp with no more than 0.3% Delta-9 THC by dry weight. But with the Farm Bill due to expire in September 2024, industry insiders are waiting to see how the new Farm Bill will regulate hemp.

That said, cannabis and hemp laws around the country typically revolve around THC, CBD, and other non-psychoactive cannabinoids. In truth, Florida THCa rules are more or less the regulations seeking to control the production, sale, and consumption of cannabis.

Recently, Florida's Senate tabled a bill (SB 1698) that seeks to limit not only the THC content but also that of other cannabinoids. If passed, SB 1698 will also prohibit child-appealing packaging for hemp products and selling such products to persons under 21 years.

Learn more about the legal status of Delta-9 THC, Delta-8 THC, and HHC in Florida.

Is THCA a Controlled Substance in Florida?

THCA is not classified as a controlled substance in Florida. Only cannabis-derived products that contain over 0.3% Delta-9 THC are considered controlled substances. For instance, recreational cannabis is considered a controlled substance in Florida, and it is subject to legal penalties.

THCA Possession Limits in Florida

There are no specific possession limits imposed on THCA. As long as the THCA is hemp-derived and does not contain over 0.3% Delta-9 THC by dry weight concentration, you should be able to possess as much of it as you want.

THCA exists in a legal gray area, as there are no laws expressly prohibiting the possession or purchase of THCA. As long as it meets the requirements discussed above, it should be legal in the Sunshine State.

Is THCA Safe?

Presently, there are no indications that THCA is unsafe, especially when consumed in moderate quantities. Although THCA should not get you high, it does have a variety of potential medical health benefits.

Learn more about the difference between THCA and CBD.

Where to Buy THCA in Florida

We also have lots of legally compliant Delta-9 THC products for you to check out, such as our very own super popular Nano Delta-9 THC Microdose Gummies Sample Pack.

Many people also love our Botany Farms Delta-9 Mixed Flavor Microdose Gummies. Check out some more high THCA hemp strains right here! Always remember to consume cannabis products responsibly.

THCa: Frequently Asked Questions

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