Weed, hemp, cannabis, marijuana—they’re all the same, right?

Not quite, and understanding the differences is important if you want to stay on the right side of the law in Texas.

To this day, we still meet people who (incorrectly) tell us our THCa flower and pre-rolls are illegal.

But if you’re wanting to know if THCa is legal in Texas specifically…The short answer is, YES! The long answer is, well, longer.

While the federal 2018 Farm Bill legalized hemp-derived products containing 0.3% Delta 9 THC or less by dry weight nationwide, Texas has actually taken things one step further.

They followed the 2018 Farm Bill with their own Texas House Bill 1325 (also known as the Hemp Farming Act) in 2019, which legalized hemp-derived cannabis products with a Delta 9 THC concentration of 0.3% or less on a dry weight basis throughout the state.

In other words, the Texas legislature went out of their way to affirm the federal law and doubled down on the idea of legalizing specific types of weed, which we find very cool.

This means any THC that’s naturally found in hemp cannabis plants is legal, as long as the plant and the finished product contain no more than 0.3% Delta 9 THC by dry weight.

So, how does THCa fit into these laws?

Well, it’s actually a little tricky. (DMC gif)

THCa is technically a different cannabinoid than Delta 9 THC, and is commonly sold as flower or in pre-rolls, and we’ve got our own premium strains for you to try right here.

Things get funky because although THCa is non-psychoactive, it’s a precursor to Delta 9 THC, and it naturally transforms into real Delta 9 THC when heated (a process known as decarboxylation).

So when it gets tested for legality (which they all do), the method used makes a BIG difference…

Some testing methods, like gas chromatography, use heat, which can turn THCa into THC and possibly push THC levels over the legal limit.

Other methods, like high-pressure liquid chromatography (HPLC), don’t use any heat, so THC levels stay within the legal limit, with less than 0.3% Delta 9 THC (since the THCa didn’t convert to THC).

To the naked eye, there is really no difference between hemp and marijuana, but legally, there’s a very important difference…

The good news is, all THCa (in theory) is tested before it’s shipped to you, so YOU don’t have to worry about that part.

But what if you live in Texas? Is THCa still legal?

Yes, we’ve checked with all relevant authorities, and it absolutely is.

In every part of Texas, THCa is legal as long as the Certificate of Analysis (COA) from the testing lab indicates that the Delta 9 THC level at the time of testing is 0.3% or less.

And even better, you can get THCa flower and THCa pre-rolls shipped straight to your door, without a medical card.

How Do You Know You’re Buying Legal THCa?

To make sure you’re getting the good stuff (and staying legal), whatever THCa you purchase needs to be hemp-derived with a Delta 9 content of 0.3% or less.

Trustworthy brands will always have a Certificate of Analysis (COA) showing their products have been lab-tested—like the ones we proudly display here.

And just to be safe, keep your THCa in its original packaging that clearly labels it as legit.

Weirdly enough, while purchasing THCa is completely legal in Texas, producing it is not…

Hemp smokeables can’t be produced in Texas because of the Consumables Texas Health and Safety Code Chapter 443, which very specifically bans the processing or manufacturing of hemp products for smoking.

To make things even weirder, this rule doesn’t apply to Delta 9 gummies (make it make sense guys…).

If these bizarre Texas laws make you a little nervous to hit the local smoke shop, you can always order THCa and THC products online and have them delivered straight to your door. We can help take the guess-work out of things, since we’ve got a cool lawyer who looks into all of this kind of stuff for us.

Is THCa Different Than THC?

Technically, yes…but also, kind of no?

THCa is the non-psychoactive precursor to Delta 9 THC, meaning that in its raw form, it doesn’t get you high.

But as soon as it’s heated up to approximately 104℉ (the point at which it is decarboxylated), THCa converts to Delta 9, which will 100% get you high.

So, hypothetically of course, if you were to light THCa on fire, it would naturally turn into real THC.

Which is why it’s so convenient that only Delta 9—not THCa specifically—is regulated by Texas House Bill 1325.

Under this Bill, possessing THCa with 0.3% or less Delta 9 is completely above board.

So as long as your THCa flower is tested in a way that doesn’t heat it up and convert it into THC, it will stay within the legal limits. Testing raw, unheated THCa will only find trace levels of THC well within the legal limits outlined in the law.

But if your THCa gets a little too hot on your car dashboard, beware: anything with over 0.3% Delta 9 THC is considered illegal.

Well, except under the Compassionate Use Program.

This awesome program makes it legal for physicians to prescribe low-THC cannabis to people with certain medical conditions like epilepsy, multiple sclerosis, and cancer.

The only way it could be more awesome is if they let these people actually smoke it..but as it stands, these patients are able to use this low-THC cannabis any other way they like, which is still pretty cool.

Can You Be Prosecuted for Being in Possession of THCa?

If you’ve been hoping to smoke a little THCa, but are worried about getting arrested for possession, we’ve got some good news.

Under Texas’ Health and Safety Code Section 481.002(5), hemp and the THCa in it aren’t considered controlled substances, as long as the THC content is 0.3% or less.

So, you’re in the clear if you’re carrying raw THCa that meets these guidelines.

But be careful—if you’re caught with anything with more than 0.3% Delta 9 THC by dry weight, it’s not going to be very fun.

Possessing marijuana with more than the legal limit of THC is a crime in Texas under Section 418.212.

Depending on how much you have, the seriousness of the crime could range from a Class B misdemeanor for small amounts to a felony for larger quantities. Yikes.

Keep in mind that THCa flower looks and smells exactly like regular marijuana, so to the naked eye, there’s no real difference.

And if it’s tested using a method that heats it up, like gas chromatography, it could show higher THC levels than it actually has.

That’s why it’s smart to hang on to the packaging that clearly states the product’s Delta 9 THC level—it’s your proof that you’re within legal limits.

Staying on the right side of the law when it comes to anything cannabis related is still tricky, but thankfully, there is progress being made.

Low-level marijuana cases have dropped significantly, with a 20% decrease from June 2018 to June 2019 after the Hemp Act was passed.

Plus, in 2022, misdemeanor cases for marijuana possession were down 69% compared to the previous five years.

Cheers to these baby steps!

How Are the THC Levels in THCa Products Tested?

Now that we’ve covered what’s legal, let’s talk about how they actually test those THC levels.

According to Texas House Bill 1325 (Section 112.003.2), hemp manufacturers are required to check Delta 9 THC levels with methods that give an accurate picture of the total THC content.

The two main ways to do this are high-pressure liquid chromatography (HPLC) and gas chromatography (GC).

HPLC is the go-to method used by manufacturers because it doesn’t use heat, so it can distinguish between THCa and THC. [source]

On the other hand, GC does use heat, which can convert THCa into THC and possibly skew the results.

Law enforcement, including the Texas Department of Public Safety, often goes with GC when they test cannabis, which might convert the THCa to THC and show higher THC levels.

Regardless of how it’s tested, every hemp product on the market should have a certificate of analysis (COA). The COA is a document provided by a third-party lab that verifies the cannabinoid content, including THCa and Delta 9 THC levels, and makes sure the product meets all legal requirements.

This is standard practice in the industry and is crucial for keeping things transparent for customers.

Let’s take a look at a typical COA. This one here confirms that our Blazer’s Mimosa THCa hemp flower has been lab-tested for safety and legality.

In the COA, you’ll see reported levels of Delta 9 THC, THCa, and other cannabinoids.

Notice how the reported Delta-9-THC level is 0.28%, just below the federal and Texas limit of 0.3%. By having this COA conducted by a third-party, the company manufacturing the THCa you buy is also safeguarding you from getting into any legal trouble. In order to be able to sell THCa products, there must be a COA for those products proving they meet the legal requirements.

In other words, the COA gives you peace of mind that you’re staying within Texas state regulations.

Now, if you are looking closely at this COA, you’ll notice there is a section called “Total THC” which is over the 0.3% limit.

To clear up any confusion, total THC refers to the sum of all THC compounds present in the product, including Delta 9 THC and any THC that could form when THCa is heated (decarboxylated).

Understanding Total THC is extremely important for a few reasons.

First, while federal law has very clear compliance levels for Delta 9 THC, there are some states that choose to measure total THC. Texas is not one of these states, so you don’t have to worry.

Second, because it shows the “potential” level of THC in the product. Put another way, it shows you how much THC will be in the product once you light it on fire.

This is important because you are going to want to know how “strong” a product is before you smoke it…no one likes to feel too high, and no one wants to feel like their weed didn’t do anything either.

Are Other Forms of THC Legal in Texas?

While Delta 9 is the most well-known form of THC naturally found in the cannabis plant, it’s not the only type of THC that exists.

Delta 8 and Delta 10 are also considered forms of THC, and are also completely legal in Texas, though mostly due to being overlooked.

The 2018 Farm Bill and Texas House Bill 1325 don’t specifically address Delta 8 or Delta 10, and instead only focus on Delta 9 THC levels.

But before you get too excited by this news, you should know that Delta 8 and Delta 10 are less psychoactive than Delta 9, which means the high isn’t as strong.

They’re not always what we would call “natural” either. Although both Delta 8 and Delta 10 are naturally found in the cannabis plant, the amount present is extremely small.

Because of this, it’s hard (and expensive) to make products from naturally harvested Delta 8 and Delta 10.

As a result, the majority of these products you see sold are made by converting hemp-derived CBD into Delta 8 and Delta 10 using some pretty harsh chemicals.

For the record, we definitely don’t think Delta 8 and Delta 10 are bad for you… but we do recommend buying these products from brands you trust because the use of these harsh solvents requires additional safety precautions to make sure there’s no contaminants in the final product.

All that said, if you’d rather skip these “newer” cannabinoids and stick to what you know, we’ve got plenty of high-quality Delta 9 products right here.

Where Can You Get Legal THCa?

Now that we’ve covered everything, it’s time to get to the fun part—getting your hands on some top-quality legal THCa.

While there are lots of dispensaries and other stores that offer these products, why not enjoy the convenience of having them delivered directly to your door?

Check out Cheech and Chong’s selection of premium THCa products and get the good stuff without even having to leave your couch.