Within the last year THCa has been a hot topic in the hemp industry. You can find these products at nearly every gas station, CBD or health store, vape shop and any corner store in Georgia. Even though “marijuana” is officially illegal in Georgia, these products mimic the look and effects of traditional cannabis, aka marijuana, in legal states. That’s because THCa is converted to THC-9, otherwise known as Delta 9 THC, the bad boy of the cannabis world in a legal sense.
Disclaimer: If you’re a reseller of any hemp products in Georgia you may not want to read this informative article…
What is THCa anyway?
Firstly, we need to understand THC-9 or delta 9, and the difference between hemp and marijuana legally.
THC-9 only one of the powerful chemicals in cannabis, these chemicals are referred to as cannabinoids. The THC-9 (D9) cannabinoid is the chemical that determines if the plant is considered hemp or marijuana, since any cannabis plant with more than .3% THC-9 is marijuana, and less than .3% is legally hemp. THC-9 is the cannabinoid most commonly associated with the psychoactive effects of cannabis, which is why it is directly related to cannabis regulation.
THCa is the acidic precursor of THC-9. In its raw, unheated form, the cannabis plant primarily produces THCa rather than THC-9. Only through the process of decarboxylation—usually by heat, such as smoking or baking—does THCa convert into THC, unlocking its psychoactive properties.
Decarboxylating cannabis before making edibles is necessary to convert THCa into THC-9, otherwise the psychoactive effects would be minimal. This is also why raw cannabis is the best way to increase cannabinoids in the human body without getting high from THC-9, since in its raw state most of the THC in cannabis is still in it’s acidic state of THCa.
What is considered legal hemp in Georgia?
In Georgia, hemp must not contain more than .3% THC in total, this is after decarboxylation or another conversion process. Let’s refer to the hemp bill’s definition of THC when related to the hemp industry.
“Total THC” – the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis. This post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, such as gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The total THC can also be calculated by using a liquid chromatograph technique, which keeps the THCA intact. This technique requires the use of the following conversion: [Total THC = (0.877 x THCA) + THC] which calculates the potential total THC in a given sample.
Georgia Hemp Rules- https://rules.sos.ga.gov/gac/40-32-1
“Marijuana” means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25; shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination; and shall not include hemp or hemp products as such terms are defined in Code Section 2-23-3. Such term shall not include products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act.
https://law.justia.com/codes/georgia/2022/title-16/chapter-13/article-2/part-1/section-16-13-21/
Georgia Law regarding THC- “THC” means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid.
https://rules.sos.ga.gov/gac/40-32-1
So considering what we’ve reviewed above, there is no such thing as high THCa hemp in Georgia, legally high THCa hemp is illegal cannabis or marijuana. So at this point we could say that every gas station/vape shop/CBD store in Georgia is currently selling illegal marijuana. In essence, if these high THCa products were tested regarding Georgia standards (which requires converting THCa into THC-9), they would be considered illegal.
This is why as a legal hemp grower I could never grow high THCa cannabis, as it would be flagged as no longer hemp and require destruction and maybe factor into losing my grow license. I get asked whether I grow/sell THCa hemp a lot. So this is why I wrote this article, to help educate the public about THCa in Georgia.
High THCa hemp is just marijuana in Georgia, so what now?
It’s disappointing as a hemp farmer in Georgia to see the hemp market being mislead with false information. We’ve lost track of the many benefits of hemp and converted the hemp/cbd market into the THCa, thc-8 (D8), thc-10; or mainly the psychoactive cannabinoids.
From what I have found, there are no laws requiring imported hemp to be tested with the decarboxylation process. But that doesn’t remove that fact that the same imported hemp products wouldn’t pass the state’s compliance standards if tested.
So simply put, you can import high THCa hemp, but you cannot possess or sell it, since it wouldn’t pass compliance testing to prove it was hemp. So on a federal, level high THCa hemp is legal, but within the state it cannot be grown or processed by hemp license holders, and it cannot be possessed/sold by residents/businesses.
If you buy more than 1 ounce of THCa hemp flower in Georgia, and get arrested with it in your possession, you’re probably going to be charged with felony possession of marijuana offense. Since the inception of the hemp bill, the GBI will only test felony amounts of cannabis, that is why I am referring to an ounce or more above.
Every gas station in the state is selling high THCa hemp, yet marijuana is illegal. We have people being arrested for possessing/selling the same plant you can buy at every gas station, with the same effects and chemical makeup. We need to just legalize cannabis in total at this point, because the current legality of hemp in our state is a joke.
As a farmer I can’t grow high THCa hemp (aka marijuana) in Georgia, and our residents can’t possess it (if tested within the Ga THC compliance standards), but every gas station can sell it?
William Rodriguez
Here’s a link to a very informative podcast about Georgia testing requirements. This video below includes SJ Labs, the leading testing facility in Georgia, so they are well educated on this subject. They state that nearly none of the commercially imported and sold hemp in Georgia would pass their testing requirements.
THCa is a great option for the marijuana users, you can now buy high quality marijuana if you look for it. Of course many gas stations are selling the lowest quality flower available, and the CBD/hemp stores are really just marijuana dispensaries now. From what I hear, some of what can be found at some shops, these can be of better quality than what’s being trafficked and sold on the black market. But we must remember that the testing of these products are not regulated in Georgia.
I never thought the state would roll over on cannabis in this manner, this whole grey area facade. It’s a literal smokescreen… This is where ignorance, or the imitation of ignorance on the law, is making some rich, while others are still being arrested and charged for the same exact plant product.
At this point, the cat is out of the bag and cannot be shoved back in. There’s no way to control all the “legally not hemp” products pushed at every gas station and hemp shop. We need to be forcing our politicians to legalize all forms of cannabis. No longer can they rationalize their arguments against legalization, all of the scare tactics against legalization are null and void.
Only full legalization can remedy the current state of hemp products/cannabis in Georgia. Full legalization leads to regulation, testing, and quality product for Georgia consumers. The proposed changes to the hemp law with HB 458 will alleviate some of the issues we spoke of above, but will also remove all THCa products from Georgia shelves, with many others such as vapes and more. So, my opinion leans toward full legalization/regulation as the best long term legal change for cannabis in Georgia.
Thank you for writing this informative and well-researched article on the legality of THCa in Georgia Hemp. You have clarified a lot of confusion and misinformation on this topic. I appreciate your objective and factual approach to this issue, which is often misunderstood and misrepresented by many. I hope your article will educate and enlighten the readers about the benefits and challenges of THCa products in Georgia.”
Theresa Yarbrough- Director of Georgia Cannabis Industry Alliance
