Is It Legal to Buy THCA in Texas?

For years, the hemp industry has been intentionally riding a fuzzy line between legality and illegality. Way back in 2018, the federal government passed updates to the U.S. Farm Bill, which legalized hemp in all 50 states.

What followed was a market craze for hemp products, most notably CBD oils and other types of CBD products.

More recently, manufacturers are ‘modifying’ hemp extract to make an assortment of new products (delta-9 THC, HHC, THCA, etc.) – some of which can get you as high as regular marijuana products.

In Texas, where marijuana is still illegal, companies are doing the best they can to cooperate with state legislation and law enforcement. Given the blurry nature of the industry, however – as well as the advanced chemical testing tools that are needed to ‘prove’ what’s in a product – this is often easier said than done.

Is THCA Legal in Texas?

To answer this question as directly as possible – yes, THCA is technically legal in Texas. It’s also pretty easy to find and buy in most parts of the state.

However, even though THCA is technically legal in Texas under the U.S. Farm Bill, some law enforcement authorities in the state don’t see the line so clearly.

Under Texas law, delta-9-THC is illegal. This is, of course, the compound in marijuana that produces the plant’s intoxicating effects.

What many people don’t realize is that, even in marijuana (which is very much illegal in Texas), most of the THC that exists is in the form of THCA. When the THCA is heated to high temperatures, however (i.e., when it’s smoked in a joint), that THCA is instantly converted into delta-9-THC via a process called decarboxylation.

Interestingly, even when you buy marijuana in a legal state (such as Colorado, for example), the percentage of THC you see listed on the label is actually most likely in the form of THCA.

A Blurry Gray Line Occupies the Legality of THCA in Texas

As we’ve said, the technicalities under Texas law and the federal U.S. Farm Bill will make it seem that THCA is, in fact, legal in Texas. This is because THCA products sold in Texas come from hemp – which is a legal plant.

In reality, the legality of THCA in Texas depends on which method is used to test for the compound.

There are basically two different methods used to test for THCA: HPLC (high-pressure liquid chromatography) and GC (gas chromatography).

In the retail industry, most companies use HPLC methods to test their products. This is primarily because HPLC can accurately distinguish between THCA and delta-9-THC.

The problem, however, is that sometimes law enforcement agencies in Texas use GC methods to test for THC. When GC is used, the process supposedly converts THCA into delta-9-THC, which is illegal in Texas.

In other words, you could have a situation where a company is selling, for example, 17% THCA flower. The product is made from hemp (which is legal in Texas), and HPLC tests show that the flower contains less than 0.3% delta-9-THC, meaning it is a legal product in Texas.

However, if law enforcement were to test that same flower using GC methods, the THCA would convert into delta-9-THC, and the results would show a product that has 17% delta-9-THC. Which, of course, is illegal in Texas.

What Are the Penalties for Illegal Marijuana Possession in Texas?

Although most testing falls into the HPLC and GC categories, a lot of vendors use a third option: Thin-Layer Chromatography (TLC), because it’s cheaper to implement than the other two. The problem here is that TLC is good at indicating the presence of a substance but deficient when it comes to providing a proper measurement.

So, TLC can lead to underreporting (or overreporting) of cannabinoid levels, including delta-9 THC. Thus, you could buy THCA flower in good faith because the seller’s lab reports show that the D9 level is below the 0.3% threshold. Then, to your horror, a GC test shows that the THCA flower actually contains more than the legal limit.

In this case, you’re in a LOT of trouble! In Texas, the possession of marijuana is classified as a misdemeanor, and if convicted, you could spend up to six months in prison. If you’re caught with 4+ ounces, you enter felony territory and could face a two-year jail term.

So, What Does This All Mean?

As you can see, there’s a pretty substantially blurred line in the arena of THCA and whether or not it’s legal in Texas. By technical standards and under the definition of the U.S. Farm Bill, THCA is legal in Texas.

However, legality is ultimately put into place by law enforcement agencies. If these agencies test a company’s product using GC methods and results show delta-9-THC levels above 0.3% (the cutoff where hemp becomes marijuana), that company is then selling an illegal product.

Ultimately, it’s a risk that companies must be willing to take if they’re planning on selling THCA in Texas. There’s less risk as a buyer, but still, there is risk involved.

Say you walk into a shop in Texas and buy THCA flower. Then, suppose you’re caught with that flower; it’s unlikely to happen, but law enforcement could hypothetically confiscate the flower and test it using GC methods. If test results show a delta-9-THC level higher than 0.3%, you’re technically in possession of illegal cannabis (marijuana).

So, if you’re going to buy THCA in Texas, make sure that the product has been properly tested and clearly illustrates a delta-9 THC content that’s below the 0.3% threshold.

Hopefully, that all makes sense. THCA is legal and quite readily available in Texas, but the overall situation is not nearly as black and white as it probably should be.