A common misconception in Florida is that hemp-derived tetrahydrocannabinol acid (THCA) flower is legal so long as the concentration of delta-9 THC does not exceed 0.3% on a dry-weight basis. In reality, numerous retailers across the state have been selling prohibited THCA hemp flower. The consequences can be significant, ranging from stop-sale orders and monetary fines to, in certain cases, criminal prosecution.
This article explains the State’s position on THCA flower and what retailers must understand before offering smokable hemp flower products.
What is THCA?
THCA is a naturally occurring cannabinoid found in the cannabis plant. When heated, THCA converts into THC, the psychoactive compound most associated with cannabis. This conversion process, called decarboxylation, is what activates THCA into THC.
How Florida Calculates THCA to Determine Permissibility
Florida Rule states that hemp1 or hemp extract2 intended for human ingestion and/or inhalation must not contain more than 0.3% “Total delta-9 THC” concentration.3 At first glance, one might assume only the measured delta-9 THC content is relevant. However, Florida law defines “Total delta-9 THC concentration” as:
[delta-9 THC] + (0.877 × [delta-9 THCA])4
This formula accounts for the amount of THC that would result from the decarboxylation of THCA. In other words, THCA is factored into the total THC calculation even before heating or consumption.
Example: Applying the Formula
A Certificate of Analysis (COA) issued by an independent testing laboratory for a hemp flower strain shows:
- Delta-9 THC: 0.167%
- THCA: 25.883%
Using Florida’s formula:
0.167 [delta-9 THC] + (0.877 × 25.883 [THCA]) = 22.866% Total delta-9 THC
This result is far above the legal threshold of 0.3%. Accordingly, the flower product is impermissible for inhalation under Florida law despite it having less than 0.3% delta-9 THC.
Hemp Retailers Beware
Florida’s inclusion of THCA in the “total delta-9 THC” calculation has been challenged in court, but unless and until such a challenge succeeds, the rule remains enforceable. Retailers should be aware that selling THCA flower products intended for inhalation carries regulatory risks. Moreover, because the 0.3% THC concentration separates legal hemp from cannabis, violations could also lead to criminal enforcement for selling an illegal controlled substance.
Protect Your Cannabis Business
Navigating Florida’s hemp laws can be complex and risky. For guidance on cannabis compliance, licensing, and enforcement defense, contact me at [email protected].
[1]Defined as “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 thereof, whether growing or not, that has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis, with the exception of hemp extract, which may not exceed 0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight basis.” See Fla. Stat. §581.217(3)(e).
[2] Defined as “a substance or compound intended for ingestion, containing more than trace amounts of a cannabinoid, or for inhalation which is derived from or contains hemp and which does not contain controlled substances.” See Fla. Stat. §581.217((3)(f).
[3] Fla. Admin. Code. R. 5K-4.034(4)(e).
[4] Fla. Admin. Code. R. 5K-4.034(2)(q).
