Texas Moves to Restrict Legal Loophole for Cannabis Products

Cannabis use is on the rise across the US and an increasing number of states are legalizing it, but in Texas, it remains banned outside of a limited medical program. Despite this, retailers have found loopholes to capitalize on the market, such as selling hemp-derived THCa. With the Texas Legislature now moving to close these loopholes, here's what you need to know:

What is THCa?

THCa (tetrahydrocannabinolic acid) is chemically similar to THC (the psychoactive compound in cannabis), with only a slight difference in structure. This minor variation means that THCa is not psychoactive in its natural form, but when exposed to heat, it can transform into THC and produce a high.

The Legal Gray Area of THCa in Texas

While THC is illegal in Texas, the THCa flower is legal as it's not psychoactive. However, smoking THCa is a gray area. Technically, when THCa is transformed into THC through heat (smoking), it should become illegal. But there are currently no stipulations in the Texas Farm Bill addressing this modification, creating uncertainty about its legal status.

The Rise of THCa Sales

The ambiguity around THCa has led to a surge in sales. The market for delta-8 THC and other hemp-derived cannabinoids has increased by 1,300% from 2020 to 2023, according to Brightfield Group.

Texas Legislature's Response

Attorneys general across the US have urged congressional agriculture committees to define hemp products more specifically in the next federal farm bill, citing the "glaring vagueness" of the 2018 bill that has led to the proliferation of intoxicating hemp products. In Texas, state officials are looking to tighten restrictions on these products, with the future of THCa smoke products particularly precarious. State Sen. Charles Perry expressed frustration with the current loopholes, stating:

"When I passed that, I said, 'If you guys screw this up by being cute and getting people high from it, there will be consequences,' and we've tried for several sessions to come up with the magic formula. I'm disappointed, but I'm not surprised that we are here today."

Impact of a Potential THCa Ban in Texas

Many Texas businesses have capitalized on the THCa loophole, marketing themselves as smoke shops. A ban on THCa would significantly impact these businesses, as it accounts for a large proportion of their sales. Industry experts warn that companies heavily invested in THCa may struggle to adapt to regulatory changes. Estella Castro, a cannabis industry veteran, stated:

"I'm worried about the businesses that... have gone all in on THCa — a change like this could really hurt them."

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To learn more about Brightfield Group, visit their website: https://www.brightfieldgroup.com/