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Hemp vs Marijuana THC Levels

THC is the legal dividing line between hemp and marijuana. Which THC is measured, and how, can change the answer.

By Ted Menadier, MBA

Delta-9 THC and THCA

Growing cannabis produces mostly THCA, the acid form. Heat converts THCA to delta-9 THC, the intoxicating compound. Freshly harvested flower may contain little delta-9 THC but substantial THCA.

Total THC

Total THC estimates the THC that would be present after full conversion of THCA. It is commonly calculated as delta-9 THC plus THCA multiplied by 0.877, a factor that accounts for the weight lost during conversion.

Why the measure matters

Material can be under a threshold on delta-9 THC alone and over it on total THC. Whether a rule uses one or the other is therefore decisive for some products, especially THCA flower.

A note on changing law

Hemp and marijuana definitions have been amended over time at the federal level and differ by state. Which definition applies depends on the date, the jurisdiction and the product, and is a question for counsel.

Need this analyzed in a matter?

Ted Menadier, MBA provides expert witness services in litigation involving cannabis, marijuana and hemp cultivation, crop loss, crop valuation, business operations, insurance claims, testing, classification and related industry matters. Request a consultation or see information for attorneys.

Ted Menadier is an expert witness and industry consultant, not an attorney. Nothing on this website is legal advice, and contacting Ted does not create an attorney-client relationship. Expert scope is determined by the facts and issues of each engagement.

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Ted Menadier, MBA · 717-357-0148 · ted@growminded.com