THCA Flower Faces Growing Legal Pushback as More States Move to Restrict Sales

The rapid rise of THCA flower as a widely available hemp-derived cannabis product may be nearing its end, as a growing number of states redefine it as illegal marijuana despite federal protections under the 2018 Farm Bill.

Steven Brown, CEO of Nothing But Hemp, a multistate hemp retailer, is among a growing number of operators choosing not to sell THCA flower due to increasing legal uncertainty. Though he maintains the belief that the product is federally legal, Brown and others in the hemp industry are watching closely as states introduce laws that explicitly categorize THCA flower as marijuana—regardless of its compliance under federal hemp definitions.

The result is a patchwork of rules, with enforcement increasingly falling on the shoulders of state and local agencies. And with that, many hemp entrepreneurs are exiting the THCA market entirely, signaling a possible end to what some called the “golden era” of the product.

Tennessee and Texas Redefine Hemp to Crack Down on THCA Sales

Recent legislation in Tennessee and Texas highlights the shift. In Tennessee, state law previously failed to include THCA in its definition of marijuana, leading to confusion and legal disputes. In 2024, state authorities were forced to pay $735,000 in restitution to hemp businesses after seizing THCA flower that ultimately spoiled during legal limbo.

Effective January 1, 2026, a new law signed by Tennessee Governor Bill Lee will revise the definition of THC to include THCA and its derivatives. Under the updated framework, THCA will be treated as a direct precursor to delta-9 THC and regulated accordingly.

In Texas, lawmakers passed a similar measure in May. Though not yet signed into law by Governor Greg Abbott, the bill redefines THC under state law and severely limits the sale of THCA flower. Hemp industry advocates in the state submitted over 118,000 signatures in a petition urging a veto, but enforcement momentum appears to be on the side of restriction.

These legal changes are especially significant in states like Tennessee and Texas, which lack comprehensive medical or recreational marijuana programs. Until now, they have served as lucrative markets for hemp-derived intoxicants, including THCA.

The 2018 Farm Bill Opened the Door to THCA Sales—Unintentionally

The 2018 Farm Bill legalized hemp and its derivatives as long as the product contains no more than 0.3% delta-9 THC on a dry weight basis. However, raw cannabis typically contains minimal delta-9 THC and significantly more tetrahydrocannabinolic acid, or THCA, which is non-intoxicating until it is heated.

By exploiting this chemical nuance, producers have marketed THCA flower as legal hemp, even though it becomes psychoactive when smoked or vaporized. This practice became known as the “THCA loophole.” While technically compliant with federal testing standards, critics argue that THCA flower is essentially marijuana in all but name.

The U.S. Department of Agriculture (USDA) requires post-decarboxylation testing, which means converting THCA to THC during analysis. However, many producers and sellers sidestep USDA-certified programs entirely, instead labeling products as hemp based solely on pre-decarboxylation content.

This regulatory gray area, coupled with inconsistent enforcement and delayed federal reforms, has led to confusion—and growing frustration—among regulators, law enforcement, and compliant hemp businesses alike.

State-Led Enforcement Replaces Delayed Federal Action as Farm Bill Stalls

While Congress has signaled an intent to close the THCA loophole in an updated Farm Bill, progress has stalled. The bill is now nearly two years overdue, leaving states to fill the regulatory vacuum.

In the absence of federal clarity, more states are opting to reclassify THCA flower as marijuana. The result is an escalating trend of seizures, business shutdowns, and civil penalties. This reactive enforcement model is placing pressure on merchants, many of whom are exiting the THCA space entirely or shifting toward less controversial hemp-derived products like beverages or edibles.

The high variability in state definitions has also created compliance challenges for multi-state operators, who must navigate differing standards for what constitutes legal hemp in each jurisdiction.

Some THCA Sellers Persist Despite Increasing Legal Risk

Despite the shifting legal landscape, a number of companies continue to sell THCA flower online and across state lines. In some cases, businesses are operating from regions like southern Oregon, where cannabis oversupply has depressed prices and incentivized diversion into the hemp market.

In a recent move that highlights the boldness of some operators, Maryland-based SuperGreens Hemp Co. announced the acquisition of 36 THCA farms, including several in states like Texas and California, where sales of intoxicating cannabis outside licensed marijuana channels are restricted.

The scale of such operations underscores what industry experts describe as a widespread enforcement gap. While laws may prohibit THCA flower in name, actual regulatory oversight remains limited outside of high-profile enforcement actions. In practice, the risk of seizure or prosecution varies greatly by geography, local enforcement priorities, and political climate.

Legal Uncertainty Divides the Hemp and Marijuana Industries

The crackdown on THCA flower has sparked renewed debate over the relationship between the hemp and regulated marijuana sectors. Many licensed marijuana operators argue that hemp businesses benefit from fewer taxes and looser regulations while selling comparable products.

Advocates for tighter restrictions believe that stricter enforcement will encourage hemp merchants to transition into the regulated marijuana space, leveling the playing field. However, some hemp entrepreneurs, wary of the high cost and complexity of marijuana licensing, are unlikely to make that shift.

For others, including industry veterans who have built multi-million-dollar enterprises under hemp regulations, the prospect of entering the regulated cannabis market—with its intense scrutiny, costly compliance measures, and ever-changing legal environment—remains unappealing.

The Future of THCA Flower Hinges on Enforcement and Federal Reform

As of mid-2025, the THCA flower market remains in legal flux. Federal regulators have yet to close the loophole opened by the 2018 Farm Bill, and state crackdowns remain inconsistent.

However, recent legislative activity in key states suggests a broader trend toward prohibition, particularly in markets where marijuana remains illegal. If that trend continues, the THCA flower market may soon shrink to a fraction of its former size, leaving only the most risk-tolerant players in the space.

Ultimately, the longevity of THCA flower will depend on whether Congress addresses the issue in the next Farm Bill, and whether the current wave of enforcement deters enough businesses to extinguish what was once one of the hemp industry’s most profitable niches.