In the United States, the DEA wants to include THCa in the calculation of THC in hemp and hemp products.

The U.S. Drug Enforcement Administration (DEA) recently extended the definition of THC in the context of industrial hemp, a decision that could have a significant impact on the hemp industry.

According to a letter from Terrence Boos, head of the agency's drugs and chemicals evaluation section, the threshold set by the 2018 Farm Bill for THC levels in hemp should include not only the hemp itself, but also delta-9 THC, but also the THCA (tetrahydrocannabinolic acid). This change would potentially impose greater restrictions on hemp growers and hemp-derived products.

Understanding THCA and its implications

The THCA is the precursor of THC. When heated, THCA transforms into delta-9-THC, a process known as decarboxylation. The inclusion of THCA in the THC calculation means that any hemp-based product must take THCA levels into account when measuring delta-9-THC concentrations.

This clarification, which is not law but may serve as a guide for legislative action, could have significant consequences for hemp growers and producers, as plants and products that previously met the legal definition of hemp would now exceed the authorized limits due to their THCA content.

Legal and regulatory challenges

The Controlled Substances Act (CSA) classifies substances according to their medical use and abuse potential. According to Boos, THCA does not meet the definition of hemp, as it is equivalent to delta-9 THC once it has been converted.

The DEA's position comes at a time when the US lawmakers debate the next Farm Bill. One of the proposed amendments, known as the Mary Miller amendment, in wanting to reduce the production of intoxicants derived from hemp, such as delta-8 THC, the delta-10 THC or HHC, could in fact ban 90-95% of all hemp-based products. This debate is reminiscent of the position taken by France's’ANSM, which has just announced the classification of variations THC as a narcotic (HHC, THCP, THCJD, THCB...) but also THCA, and other synthetic compounds obtained from CBD.

The European Union, whose history of modern hemp is much older than that of the United States, regulates the combined level of THC and THCA, expressed as the total THC value, also below a limit of 0.3%.

American players in the hemp industry are therefore concerned about this expanded definition, arguing that it could push many hemp crops beyond the 0.3 % THC limit, particularly those bred for higher THCA levels.

The loophole of the 2018 Farm Bill

The 2018 US Farm Bill legalized industrial hemp and defined it as any part of the plant, including derivatives, extracts and cannabinoids, containing less than 0.3% THC. However, the legislation did not anticipate the emergence of products containing other CBD compounds, such as synthetic cannabinoids (delta-8-THC, delta-10-THC, HHC, THCP...) and THCA. This situation has created a regulatory grey area, which the recent DEA clarification aims to fill.

The Food & Drug Administration (FDA) United States has repeatedly warned consumers against the risks associated with unregulated intoxicants derived from hemp. These products are often marketed to young people, may contain harmful chemicals. In the absence of federal rules States have taken their own measures, We're working to make these substances more widely available, either by banning them or by subjecting them to the same regulations as marijuana.