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THCA and Hemp Classification

THCA flower raised classification questions because it can be low in delta-9 THC yet high in total THC.

By Ted Menadier, MBA

What THCA flower is

THCA flower is cannabis flower sold on the basis of low delta-9 THC while containing substantial THCA.

Why classification differs by measure

Under a delta-9-only measure such material may test under the threshold. Under a total THC measure it may not. Rules and their application have changed over time.

Evidence that matters

  • Which measure the applicable rule uses
  • COAs and whether they report total THC
  • When and how the material was tested
  • Storage and handling after seizure

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