How Are THCa Products Like Bam Bam Budz Legal?
THCA became federally legal in the United States with the passage of the 2018 Farm Bill. It was signed into law by President Donald Trump in December 2018. The major legislation, typically passed every five years, governs a wide range of agricultural and food policies in the United States. In 2018, it dramatically reshaped the cannabis laws, by redefining the legal status of hemp and hemp-derived cannabinoids like THCA and CBD.
A look back: hemp before 2018
The 2014 Farm Bill was the first to acknowledge hemp’s potential. It allowed for limited pilot programs run by universities and state agriculture departments, but outside of these programs, hemp remained illegal under federal law. Hemp and its cannabinoids were still classified as Schedule I substances under the Controlled Substances Act—considered to have no medical value and a high potential for abuse.
This included everything from industrial hemp used for making rope to high-resin varieties that resemble premium cannabis flower.
What changed in 2018?
The 2018 Farm Bill removed hemp from the Controlled Substances Act and redefined it as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis. This legal distinction opened the door for THCA-rich hemp flower to be produced and sold, as long as it met the delta-9 THC threshold.
Why THCA flower is legal
THCA is the non-intoxicating precursor to THC. It becomes psychoactive only when heated, such as during smoking or vaping. Because the 2018 Farm Bill only placed limits on delta-9 THC and did not mention THCA, products high in THCA but low in delta-9 THC were not restricted under federal law. As a result, many hemp producers began cultivating flower high in THCA, which could be legally sold across state lines if it stayed within the legal definition of hemp.
What about regulation?
Although Congress gave the FDA authority to regulate hemp-derived cannabinoids, the agency has yet to issue a comprehensive regulatory framework. So far, the FDA has mostly focused on issuing warning letters to companies making unproven medical claims or mislabeling their products. It has also raised concerns about long-term safety, especially when cannabinoids are used in food, beverages, or dietary supplements.
