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
Louisiana is known worldwide as the “Jazz Capital of the world,” and many famous jazz players, including Louis Armstrong himself, have revered cannabis as a near-miraculous tool to boost their creativity. The fact that cannabis has been such an influential element in the founding of this musical genre also means that Louisiana has had a close relationship with cannabis, especially in the last century.
Nonetheless, the legal status of cannabis and its various components is complex and constantly changing since the signing of the Marijuana Tax Act of 1937. Nowadays, since the 2018 Farm Bill went into law, the landscape of cannabis and its derivatives, including THCA, has changed significantly. While some states have adopted cannabis legalization for both medical and recreational use, others maintain strict regulations or outright prohibition.
If you are looking to understand Louisiana's specific laws regarding THCA and other cannabis-related products, this article is for you! Next, we will navigate through the legality of THCA in the Creole State, exploring federal regulations and state laws specific to this novel compound.
Key Takeaways
- Hemp-derived THCA with a Delta-9 THC content not exceeding 0.3% (by dry weight) is legal in Louisiana.
- CBD and THCA function differently in the body due to their differences in structure and effect; both are non-psychoactive and readily available in Louisiana but THCA turns into psychoactive THC when heated.
- THCA products, including flowers, concentrates, vapes, oils, and edibles, are legally available within Louisiana.
THCA and Federal Law in the United States
THCA is a Schedule I controlled substance in the United States under federal law and all applicable federal regulations, primarily the 2018 Farm Bill, which excluded "the plant Cannabis sativa L, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers – with a Delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis" – from the list of controlled substances whenever such plant or plant material is produced in compliance with the Farm Bill and all applicable regulations. THCA and CBD share several similarities and differences.
While the federal law now allows people to grow industrial hemp and all that comes from it, including CBD and other derived cannabinoids, states can have their own laws regarding cannabis. In many instances, the respective state laws can be in stark contrast with federal regulation.
As a result, consumers and brands can struggle to understand how federal law allows CBD (among other plant matters) products that have a THC concentration of 0.3% or less, while some states can impose more stringent limits for hemp-derived psychoactive cannabinoids, or even regard THCA as a controlled substance.
Even though industrial hemp is a source of THCA, it is also the biosynthetic precursor of the banned and highly regulated primary psychoactive cannabinoid, Delta-9 THC. States such as New York, Pennsylvania, New Jersey, Arkansas, Iowa, Kentucky and Louisiana treat THCA similar to the tightly regulated group of Delta-9 THC and its isomers. And as mentioned above, if THCA in food products is decarboxylated – by means of cooking, nicotine, heat, or time – it can have psychoactive effects.
Louisiana THCA Laws
While hemp and all its derivatives are federally legal in every state, Louisiana treats CBD and THCA, which are structurally distinct and have different effects on the body, differently. Because CBD is non-psychoactive, it’s easy to find everywhere in various tinctures, topicals and edibles that have become popular because of their alleged health benefits. When decarboxylated, THCA turns into THC, which is psychoactive.
To date, no state laws have been enacted in regard to THCA specifically, and it continues to be just another hemp-derived molecule. Thus, THCA products are legal to own, buy or use in Louisiana just as long as they follow the ‘not more than 0.3% tetrahydrocannabinol’ requirement in the Controlled Substances Act and in Louisiana HB 941, and all other lesser-known hemp-derived cannabinoids that could potentially have psychoactive effects are legal.
Is THCA a Controlled Substance in Louisiana
No, THCA is not considered a controlled substance in Louisiana. Although the Sugar State classifies both plant-form marijuana and its derived products as Schedule I controlled substances, THCA does not fall within this classification as long as it comes from hemp and its Delta-9 THC content does not exceed 0.3% per dry weight.
However, the psychoactive potential of THCA when decarboxylated could subject it to possible legal changes in the future. Therefore, it is vital to stay informed about the latest legislative changes and updates in Louisiana to ensure compliance with state laws.
THCA Possession Limits in Louisiana
Louisiana hasn’t defined a possession limit for THCA, but because THCA is a psychoactive cannabinoid, no one should assume it’s safe to deal with THCA products. Possession of THCA products with >0.3% Delta-9 THC could be a crime.
Whatever baseline limit Cajun State sets for THC content, any cannabis that breaches that limit by the smallest amount is ‘marijuana’, and therefore subject to the full extent of America’s legal power. It’s deemed marijuana simply ‘because it is’.
Is THCA Legal in Louisiana
Yes, THCA is legal at the federal level and also in Louisiana. Under current Louisiana laws, THCA flowers and products containing this cannabinoid, such as concentrates, vapes, oils, and edibles, are permitted within state lines.
However, any hemp product made, sold, and distributed must not contain more than 1% THC content by dry weight. This legal instance has led to the growing popularity of high-THCA hemp strains, as they offer a legal avenue for people to enjoy the potential psychoactive benefits of cannabis.
Is THCA Safe?
THCA is perfectly safe to ingest, especially in its non-psychoactive raw form. That said, it’s important to acknowledge that, like all hemp-derived psychoactive cannabinoids, including the similar THCV, THCA is not completely understood. Research is still being conducted into its safety profile.
While THCA can produce psychoactive effects, if you’re now using it in its decarboxylated form THCA, I recommend taking precautions because you run the risk of developing the same side-effects that Delta 9 also produces – that is, if you take too much or take too much all at once. Again, these are based on individual reactions, as some find THCA much more intense than others. I would suggest proceeding with care. So, here are some safety tips for taking THCA:
- Take low doses: If you’re new to THCA and any other potentially psychoactive cannabinoid, take a low dose to see how your body tolerates it before working your way towards a higher dose to maximize on potential benefits and minimize negative side effects.
- Buy only quality products: Stick to THCA products of guaranteed quality, preferably from reputable brands that provide lab-tested products with accurate cannabinoid profiles and no contaminants.
- See a doctor: Get advice on dosing and methods of consumption from a primary healthcare provider or budtender.
- Try not to mix it: Take care not to smoke THCA in combination with alcohol or prescription medication, without first consulting a professional.
- Pay attention to how you feel: Not everyone will have the same response to THCA. If you feel ill at any point, see a doctor, if warranted.
- Follow your state’s laws: Always follow your state’s laws about THCA and other cannabinoid possession and use.
Where to Buy THCA in Louisiana
Because hemp and hemp-related products are now legal according to the Farm Bill, getting THCA products in Louisiana is easy. But it's important to know how to recognize reputable sources of THCA products.
If you are looking for a reliable source of THCA products, Botany Farms is the answer! Our extensive catalog of THCA-rich strains and products can cater to the most exquisite palates.
We have the most unique strains of THCA on our shelves. You can choose from Indica strains, such as the relaxing and flavorful Jelly Donut THCA, known for its sweet and fruity flavor profile, or the potent Gorilla Skunk THCA, which offers a mix of earthy and skunk notes.
If you lean more toward energizing effects, the uplifting Purple Tangie THCA or the fruity and tropical Strawberry Banana Kush THCA Sativa strains could be ideal options for you. Last but not least, if you're looking for the ultimate, extraordinary THCA experience, our live resin THCA vape carts are the perfect ticket to ride.
Regardless of your selection, it is important to make sure that THCA is legal in Louisiana and that your products are not violating any Delta-9 THC limits by checking federal and state statutes and regulations.
Links to sources used in this article:
- https://www.legis.la.gov/Legis/BillInfo.aspx?s=22RS&b=HB941&sbi=y
- https://www.finance.senate.gov/imo/media/doc/75HrgMarihuana.pdf
- https://www.usda.gov/farmbill
This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis laws in the US, the information herein may become outdated at any time.
Additionally, and for the avoidance of doubt, this article is NOT intended to be legal advice. Botany Farms does NOT provide any legal advice; neither does any individual nor entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws for your state.
