#THCa Loophole Explained in 2019 by #Cannabis Industry #lawyer | 2018 Farm Bill Hemp News
The THCa loophole in hemp has become increasingly relevant in recent years, as hemp products have become increasingly popular and accessible. THCa, also known as tetrahydrocannabinolic acid, is a naturally-occurring compound found in hemp plants and is not psychoactive. However, the 2018 Farm Bill introduced a new law that defines hemp as containing no more than 0.3 % THC on a dry weight basis. This has led to a loophole in which hemp products may still contain higher amounts of THCa than allowed by the law. This loophole has been exploited by many companies in the hemp industry, and attorneys specializing in cannabis law are now helping businesses to navigate the complex regulations. Hemp producers and processors are advised to make sure that their products comply with the law, as fines and other penalties may be imposed on those who are found to be in violation.
Decarboxylating the hemp may cause false positives for the technical requirements of the THC levels in Hemp. Learn more about how to test the THC Levels in Hemp, here.
The 2018 Farm Bill legalized hemp by providing for its cultivation and interstate transportation, but its definition of Hemp could be used to argue the all marijuana is technically hemp because of the usage of only delta-9 THC as the meaning for determining if it has less than 0.3% THC or less, and is therefore hemp.
Testing Hemp for Delta-9 THC
Testing Hemp for Delta-9 THC and Farm Bill Compliance – the USDA updated this for total THC – frustrating the American hemp farmers further in 2021 when those regulations go into effect. It’s unfortunate because most hemp strains cannot meet the total THC levels.
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