Is the golden era of THCA flower coming to an end?

Steven Brown firmly believes THCA flower is federally legal hemp under the 2018 Farm Bill.But the CEO of Minnesota-based Nothing But Hemp isn’t selling the stuff, not online nor at any of his 11 retail locations in two states that offer an otherwise comprehensive array of hemp-derived THC products.

ADVERTISEMENT That’s because more and more states without regulated adult-use marijuana markets are passing laws that clarify THCA flower is exactly what most cannabis users would recognize it as: plain old “marijuana flower” and, thus, illegal.“Every year I see more and more states adopt laws that make THCA illegal,” he told MJBizDaily via phone.

“There’s too much risk in it.” Some legal observers argue that THCA is still allowed under federal law regardless of what states do as long as current Farm Bill protections last.But with a wave of states empowering law enforcement to recognize THCA as marijuana – and to seize it – hemp merchants such as Brown are left to conclude that the boom is ending.

How Tennessee, Texas are addressing THCA flower In 2024, Tennessee law enforcement officers seized a large shipment of what they claimed was marijuana.But because the definition of marijuana under state law did not account for THCA, Tennessee authorities in December agreed to pay two hemp businesses $735,000 after the seized product spoiled.

That’s unlikely to be repeated after Jan.1, 2026, when a bill redefining hemp takes effect.

The measure was signed into law on May 21 by Tennessee Gov.Bill Lee.

Starting next year in Tennessee, THCA will be defined as “the precursor of delta-9 THC.” And THC will be defined as “tetrahydrocannabinol, THCa, a THC component, or any derivative thereof.” ADVERTISEMENT A similar scenario is unfolding in Texas, where state lawmakers passed a bill in May that also massages the definition of THC under state law.That...