Is THCa Legal in NC?

October 31, 2024

What is THCa? (And Why It’s Different From THC)

Okay, let’s get to the basics before we get into the legal stuff.

What is THCa? Tetrahydrocannabinolic acid, or THCa, is a cannabidiol found in raw and living cannabis plants. It’s the non-psychoactive cannabinoid precursor of delta-9 THC.

In its raw form, THCa won’t get you high. But when heated, like through smoking a THCA pre-roll, using a vape, or cooking into edibles, it converts into THC through a process called decarboxylation.

If you’re a fan of DC Comics, you can think of it as Clark Kent stepping into a phone booth and emerging as Superman (or Stan Lee to Hulk if you are a Marvel fan). The chill THCa becomes the potent THC that gets you high.

This intriguing characteristic raises some questions about its THC content, especially regarding the FDA’s (Food and Drug Administration) regulations on cannabis products. And THCa is especially interesting in the context of state and federal laws, which we’ll get into below.

Current Cannabis Laws in North Carolina

North Carolina made headlines in 2014 as it became one of the first states to allow CBD oil for medical conditions like epilepsy patients. A big step for medical marijuana in NC!

But here’s the not-so-good part - marijuana is still illegal. This means that growing, selling, using, or processing marijuana in NC can be a misdemeanor. Yep, even possession of a little bit can get you in trouble with the law.

But don’t worry—there’s good news! While traditional marijuana is restricted, the hemp industry has opened up a whole new world of possibilities. Thanks to recent changes in the law that came with the 2018 farm bill (as we will see shortly), products derived from legal hemp are giving North Carolinians new options.

The Federal Law and THCa

THCa is legal at the federal level. The 2018 Farm Bill legalized industrial hemp by dividing cannabis into two categories: legal hemp and marijuana based on THC concentration.

The bill defines hemp as “Cannabis sativa L. and any part of that plant, including the seeds, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.”

To simplify, this means THCa, delta-8 THC, delta-10, and other hemp-derived products are federally legal as long as they contain less than 0.3% delta-9 THC. If a product is outside these parameters, it’s no longer considered hemp but marijuana, which is still federally illegal.

Although many states have adopted similar approaches to the Farm Bill, state laws on cannabis can vary. Some states embrace hemp fully, while others put additional restrictions in place. So, let’s look at the legal status of THC in North Carolina below.

Is THCa Considered Legal in NC?

Yes!

North Carolina laws on cannabis adopt the regulations set by the 2018 federal Farm Bill on hemp-derived products. So, as long as your THCA comes from legal hemp plants and is under 0.3% THC on a dry-weight basis, you are good to go.

Lawmakers in NC are working on a bill (House Bill 563) that would create a whole framework for consumable hemp products.

If passed, House Bill 563 would set guidelines for the hemp industry, including product testing, quality standards, and proper labeling. The bill would also create licensing for sellers and put safeguards in place to prevent sales to minors. This would be a balanced approach to keeping a legal market for hemp-derived THCa and consumers safe.

Until House Bill 563 passes, the current legal landscape of THCA is promising. Furthermore, THCa is not listed in the North Carolina Controlled Substances Act, further affirming this legal gray area.

The THCA Legality LoopHole

Remember when we mentioned that THCa transforms into THC when exposed to heat? And because recreational marijuana remains illegal in NC, THCa’s legality actually creates an interesting legal pathway.

You can buy raw THCa products, apply heat through smoking, vaping, or baking, and enjoy the psychoactive effects legally!

This explains why THCa has recently become so popular in North Carolina. It offers a legal way to experience similar effects to traditional cannabis products while staying within state law.

What Are the Possession Limits of THCA in NC?

It’s exciting to learn that you can purchase THCa products legally in the Tar Heel State, but what are the possession limits? You’ll be surprised to know there aren’t any specific possession limits for hemp-derived THCa in North Carolina!

If the products meet the legal limits, you can buy THCa flower in bulk or stock up on pre-rolls from online shops like Bay Smokes.

What Happens If You’re Caught With THCa in North Carolina?

You have nothing to worry about if you have hemp-derived THCa products that meet guidelines. Since these products are legal under state law, you won’t be penalized for possession or sale.

But here’s the catch - law enforcement may mistake your legal THCa for marijuana since it smells just like traditional cannabis. In any case, remember that THCa converts to THC when tested, which can cause confusion during roadside stops.

So, you must ensure you’re buying from reputable retailers who provide Certificates of Analysis (COAs) as proof of legal THC content. Keep these documents and your purchase receipts to prove your products are legal hemp-derived THCa.

Remember, it’s always best to consume your THCa at home and avoid moving large quantities that might raise eyebrows or using it in public spaces.

Stand advised that THCa can cause a failed drug test, whether in employment or athletics, which can land you in trouble with relevant authorities despite the product’s legal status.

Where To Buy THCa Products in North Carolina

Now that we’ve established that you can legally enjoy THCa in North Carolina, where do you find high-quality options?

Many local dispensaries in NC carry THCa, but why deal with the hassle when you can enjoy the convenience of online ordering and delivery right to your doorstep?

Bay Smokes makes it easy for North Carolina residents to get premium THCa products without leaving your couch! We have a collection of many THCA products to choose from, including:

• THCA Flower

• THCA Pre Rolls

• THCA Vape Cartridges

• THCA Concentrates

• THCA Diamonds

• THCA Gummies

• THCA Disposable Vapes

All our products are third-party lab, lab-tested, hemp-derived, and fully compliant with state law, ensuring you get the best quality while staying legal. Shop today and enjoy free shipping on orders over $77!

Disclaimer: This article reflects American cannabis laws at the time of writing. We don’t encourage anyone to break the law or use these products in ways that violate state or federal regulations.

Cannabis laws are constantly evolving, and what’s legal today might not be tomorrow. Before purchasing or using any THCA or cannabis products, please make sure you’re always staying up to date on your federal, state, and local county’s cannabis laws.