Is THCA Legal in Minnesota?

Besides CBD, the legal status of other cannabinoids in the US is ambiguous. It is a classic push-and-pull with no end seemingly in sight. If anything, it only appears to worsen as legal cannabinoids like delta 8 face a renewed onslaught questioning their legality.

Today, however, it is not about delta 8 but tetrahydrocannabinolic acid or simply THCA. Though not as popular as CBD or THC, THCA has quickly gained traction among cannabis enthusiasts. THCA is interesting because it is not psychoactive in pure form. But when exposed to heat, it induces THC-like effects.

THCA is derived from hemp, which should bode well for its legal status at the federal and state levels. However, federal and state governments can make conflicting cannabis laws and regulations.

Fortunately, in the case of Minnesota, the regulations are largely in line with federal laws. So, what is THCA, and is it legal in Minnesota?

Highlights

• THCA is the most abundant non-psychoactive cannabinoid in live hemp.
• When exposed to heat, it transforms into THC, the main psychoactive ingredient in cannabis.
• As per the 2018 farm bill, THCA is federally legal when derived from hemp with no more than 0.3% THC by dry weight.
•  THCA is legal in Minnesota, albeit in low quantities (< 0.3%). 

What is THCA?

THCA, full name tetrahydrocannabinolic acid, is the acid precursor to THC. It is one of the three main precursor compounds in cannabis besides CBDA and CBGA.

THCA has a lot in common with CBD, particularly in terms of psychoactivity. It does not have the classic psychoactive effects when taken raw. However, when decarboxylated (by heating), it turns into the psychoactive THC.

Preliminary research suggests THCA might have a slew of health benefits, including anti-inflammatory, antiemetic (prevents nausea), immune modulation, and anticonvulsant properties. But obviously, more work is needed to validate these promising findings.

Today, the hemp market is awash with THCA products, such as THCA capsules, oils, edibles, and THCA-infused flower. If consumed raw, i.e., without heating, it may offer various health benefits without making users high. However, if heated, i.e., via smoking, vaping or dabbing, it converts into THC. 

THCA and Federal Law

Federal law through the 2018 Farm Bill states that any cannabinoid derived from hemp is completely legal. However, this is only true if the hemp does not contain more than 0.3% delta-9-THC. Federally, hemp is

the plant “Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Minnesota THCA Laws

Minnesota State laws surrounding this issue are extremely complicated, so the legality of THCA is blurry. How so?

Under Minnesota’s Administrative Rules 1565.0200 subpart 2, the “accepted hemp THC level” applies to the total THC content, including 0.3% or less of delta-9-THC. In subpart 33, “marketable hemp product” means “a hemp product that does not contain any living hemp plant parts or viable seeds, and does not contain THC above the acceptable hemp THC level.”

Under Minnesota Statutes subdivision 1, “industrial hemp” is defined as “an agricultural crop that a person may possess, transport, sell, or buy… according to the [provisions of this statute] or legally grown.

Minnesota initially adhered to the Farm Bill and permitted hemp products with no more than 0.3% THC. However, the apparent loopholes in this law meant manufacturers could pack their products with lots of psychoactive compounds, including delta-8-THC, delta-10-THC, and other cannabinoids, like THCA.

As a result, the Minnesota State legislature passed a bill in July 2022 allowing hemp products with up to 0.3% of different THC types, not just delta 9.

The difference here is that federally, hemp products can contain as much delta-8 THC, delta-10 THC, THCA, and other such cannabinoids as long as the delta 9 levels stay below 0.3%. However, according to the new state law, the 0.3% rule applies to all types of THC, including THCA.

Bottom line: Any product containing more than 0.3% THC and its isomers, including THCA, is not compliant with Minnesota State law. 

Is THCA a Controlled Substance in Minnesota?

According to recent laws, THCA is indeed a controlled substance in Minnesota. This is because all hemp products cannot contain more than 0.3% of THC and its isomers. This deviates from the provisions of the Farm Bill, which only focus on delta-9-THC.

THCA Possession Limits in Minnesota

Any hemp product purchased in Minnesota must be hemp-derived and cannot contain more than 5 milligrams of any THC compound per serving or more than 50 milligrams of any THC compound per package.

THCA is an isomer of THC, so it appears it has possession limits in Minnesota. Unfortunately, this means you cannot possess as much THCA as you want in this state.

Is THCA Legal in Minnesota?

THCA is legal in Minnesota as long as it is derived from federally compliant hemp. Further, it must prescribe to the limits discussed above. However, anyone seeking to purchase THCA products must be 21 years old and over.  

Is THCA Safe?

THCA is generally considered safe. There are no findings indicating it is life-threatening or toxic in any way. Some people may suffer from minor side effects from THCA, such as gastrointestinal upset, but these are generally rare.

Where to Buy THCA in Minnesota

If you want to buy THCA in Minnesota, we recommend getting it online from reputable sources.

Smokeless Vapes is one such outlet for high-quality hemp products. Here, you get a wide variety of hemp products ranging from edibles to flower to oils and tinctures from different brands.

One of our top favorites are Delta-9 Gummies from Botany Farms. These edibles are available in several flavors and contain 10mg of hemp-derived delta 9 and 14 mg of CBD for the ultimate bliss. Moreover, they are 100% vegan, gluten-free, and dairy-free and contain no high-fructose corn syrup.

For a gentler experience, go for the low-strength versions. These contain 5 mg of hemp-derived delta-9-THC and 5 mg of CBD and are available in 5 flavors – watermelon, Blue Raspberry, Pineapple, Mango, and Mixed.