Farm Bill Overview

Summary of the 2018 Farm Bill & Its Impact on Hemp (Including High-THCA Hemp)

The 2018 Farm Bill (Agricultural Improvement Act of 2018) was a landmark piece of legislation that legalized hemp at the federal level in the United States. This bill removed hemp and its derivatives from the Controlled Substances Act, distinguishing it from marijuana based on THC content.

Key Provisions of the 2018 Farm Bill Related to Hemp

1. Hemp is Defined by THC Content

   • The bill defines hemp as any cannabis plant (Cannabis sativa L.) and its derivatives, extracts, cannabinoids, and isomers that contain no more than 0.3% Delta-9 THC on a dry weight basis.
   • If a plant or product exceeds this limit, it is legally considered marijuana and remains federally illegal under the Controlled Substances Act.

2. Federal Hemp Legalization

   • The bill removed hemp from the list of controlled substances, making it an agricultural commodity regulated by the USDA (U.S. Department of Agriculture) instead of the DEA.

3. State & Tribal Regulation

   • While hemp is federally legal, states and tribal nations can impose their own restrictions or licensing programs. Some states have stricter laws, banning certain hemp products despite federal legality.

4. Interstate Commerce Protection

   • Hemp and hemp-derived products can be legally transported across state lines, even if a particular state has stricter hemp laws.

How the 2018 Farm Bill Pertains to High-THCA Hemp

THCA (Tetrahydrocannabinolic Acid) is the non-psychoactive precursor to Delta-9 THC. When exposed to heat (through smoking, vaping, or cooking), THCA converts into psychoactive Delta-9 THC.

Here’s how the 2018 Farm Bill applies to high-THCA hemp:

1. THCA Itself Is Not Delta-9 THC

   • The letter of the law only limits Delta-9 THC content to 0.3% on a dry weight basis.
   • THCA is not technically Delta-9 THC until it is decarboxylated (heated).
   • This has led to legal loopholes where "high-THCA hemp" flower can be cultivated and sold as long as the Delta-9 THC content remains at or below 0.3% before use.

2. USDA and DEA Testing Methods Matter

   • Some state and federal agencies, including the DEA, have clarified that they test Total THC (which includes potential THC from THCA after conversion).
   • However, not all jurisdictions enforce this, leading to high-THCA hemp being sold legally in certain markets under the Farm Bill's definition of hemp.

3. State-Specific Regulations Differ

   • Some states explicitly ban high-THCA hemp, requiring total THC testing.
   • Others still follow the dry-weight Delta-9 THC standard, allowing high-THCA flower to be sold as hemp.

4. Consumer & Law Enforcement Confusion

   • High-THCA hemp looks, smells, and tests similarly to traditional cannabis, leading to confusion among law enforcement and regulatory agencies.
   • In some cases, high-THCA hemp has been seized or banned despite being Farm Bill-compliant under certain testing methods.