What is Known as THCA
THCA stands for tetrahydrocannabinolic acid, and it is a compound that comes from cannabis. It is a naturally occurring non-psychoactive compound produced by the cannabis plant before it is heated or cured. THCA is different from THC, the compound that many people are familiar with. THC is the substance associated with its psychoactive effects.
The plant produces a variety of cannabinoids, with the majority present in their acid forms like THCA. Other popular cannabinoid acids include CBD-A, THC-A, and CBG-A. These acid-forming cannabinoids convert to their more popular neutral THC, CBD, and CBG when they are heated or cured . Many people ingest Cannabis either by smoking or vaporizing it, which heats the marijuana flower and converts the THCA to the THC that gets them high.
By consuming marijuana in this way, the compounds are assimilated by the human body quickly, so they have their psychoactive effect almost immediately. THCA, on the other hand, has a much more subtle effect. In animal models, it has been shown to be neuroprotective, meaning that it prevents damage from occurring to neurons. It is also a strong anti-inflammatory agent.
Current Florida Law on Cannabis
The current legal landscape for cannabis in Florida includes medical use of cannabis products and sets rigid limitations on the sale and use of hemp-derived products. In 2016, Florida passed Amendment 2 to expand the use of medical cannabis. Under the Florida Medical Marijuana Legalization Initiative, qualifying patients and their caregivers can possess and consume medical marijuana. Registered medical marijuana treatment centers ("MMTCs") in Florida serve qualified patients by dispensing medical marijuana products in a variety of forms. The Florida Medical Marijuana Legalization Initiative designates certain conditions that qualify patients for access to medical marijuana. A licensed physician may issue a patient access to low-THC cannabis, medical cannabis, or cannabis delivery devices with respect to a debilitating medical condition, including but not limited to ALS, cancer, Crohn’s disease, epilepsy, glaucoma, HIV/AIDS, multiple sclerosis, Crohn’s disease, Parkinson’s disease, PTSD, or terminal illness.
Florida and Federal Drug Enforcement Administration ("DEA") perspective on medical THCA varies. The Florida Department of Health’s Office of Medical Marijuana Use has not adopted rules specifically guiding the cultivation and manufacture of medical marijuana products, including oil and other concentrates, which may contain higher levels of THC than is ordinarily found in raw marijuana. This is important because many MMTCs have manufactured products with high THCA levels to meet consumer demand for medical products. It is unclear what the Florida Department of Health would do if the DEA were to crack down on MMTCs and not allow these higher concentrations of THC in Florida.
THCA derived from hemp is also facing increased scrutiny in Florida. Florida’s Hemp Program went into effect July 1, 2020, regulating the manufacturing and sale of recreational THCA derived from hemp. But the program is under fire in Florida. Governor Ron DeSantis has expressed his belief that CBD and Delta 8, both of which are derived from hemp, are "moving into that gray area of legality," and that he would not uphold a budget bill including funding to oversee hemp products in the state unless the products were banned. Other Florida lawmakers, however, support the Hemp Program and legalization of cannabis. Currently, the state has frustrated the industry by requiring retailers to submit products for laboratory testing that meet the recently enacted standards.
Hemp and cannabis laws will continue to shift and evolve. Floridians will not be paid back for past use, possession, or cultivation of hemp products. The new laws making hemp-derived products legal will regulate the sale of cannabis with Penalties for possession and production of THC concentrates, now seen as high risk products under the Hemp Program, will include fines of up to $5,000 and imprisonment up to five years.
The Legal Status of THCA
In addition to what we mentioned above regarding the legality of THCA under federal law, THCA is currently classified as a Schedule I controlled substance in Florida. Likewise, like in many states, the THC comes from the same cannabis plant as THCA and is also classified as a Schedule I controlled substance under Florida law. According to the Florida Statutes, the Florida Drug and Cosmetic Act enacts the Uniform Controlled Substances Act which provides a "complete system for regulation of all controlled drugs and substances." All substances listed in Schedules I through V are considered Schedule I through V drugs for the purposes of Florida law, and thereby considered illegal and (with certain limited exceptions) are generally given the same treatment and legal status under both Florida and federal law. (Note: the Florida Scheduling of Controlled Substances Act marginally mirrors federal law by placing controlled substances into five schedules based on their potential for abuse, physical and psychological dependence, accepted medical use in the U.S., and international treaty obligations. The five schedules and their associated penalties are codified in the Florida Drug and Cosmetic Act.) As a consequence, THCA, which is derived from the cannabis plant, is illegal under Florida law, which treats it the same as THC. Moreover, not only are they both illegal under Florida law, both THC and THCA (specifically its derived products) are illegal regardless of whether they were derived from hemp or marijuana. The only exemption currently in place that allows marijuana-derived THCA to be legal in Florida is for low-THC cannabis grown, manufactured, or dispensed in accordance with a physician’s recommendation under Florida law CH. 381 § 9862. Thus, when you look at the big picture, Florida, like the federal government, deems THCA illegal under all circumstances except for in the limited circumstances provided by CH. 381 § 9862.
Compliance with THCA
In the State of Florida, THCA may only be present in cannabis that is being legally cultivated by Florida’s Department of Health licensed Medical Marijuana Treatment Centers, or "MMTCs," for use solely by registered qualified patients. THCA, therefore, is a controlled substance under Ch. 893, Florida Statutes (2016). In Florida, possession of a controlled substance is illegal, unless expressly authorized by statute. § 893.13(1), Fla. Stat. (2016). From a practical perspective, this means that any person or business not authorized under Florida law to possess state-licensed medical cannabis, whether it be in the form of dried cannabis flower, cannabis concentrates, or cannabis extracts, should exercise extreme caution when possessing a product which may contain THCA.
If a person or business possesses any controlled substance in Florida, that person or business must have a license or a permit to legally possess that controlled substance. § 893.13(2)(b), Fla. Stat. (2016). In Florida, prior to the enactment of Amendment 2, registered qualified patients were the only people authorized to possess, use, or administer medical cannabis. Registered qualified patients, and their qualified caregivers, were issued medical marijuana use authorizations, or "MMURAs . " Similarly, MMTCs have a Medical Marijuana Treatment Center Identification Card which authorizes the MMTC to cultivate, process, dispense, and possess medical cannabis.
Now under Amendment 2, nonprofit corporations registered with the Florida Department of Health, or "DOH," may issue "Medical Marijuana Use Registry Identification Cards," or "MMURIs," to qualified physicians who can register their patients and recommend cannabis for medical use. In addition, after an initial 90-day waiting period from the date of issuance, registered qualifying patients and their legal representatives are authorized to obtain MMURIs from an MMTC for the purchase of medical cannabis.
The key term to remember is "authorized". The term "authorize" or its derivative forms are used no less than six times in the amendment with respect to medical use of cannabis. This does not meant that every use of medical cannabis is authorized. Rather, under the Amendment, medical cannabis (and its constituent parts) may only be used by certain individuals: "qualified patients" who have obtained a MMURI from a licensed physician and who are registered with DOH by that physician, and "their qualified caregivers". Any person developing, cultivating, propagating or otherwise preparing marijuana is believed to be operating outside the scope of Amendment 2, and therefore, unlawfully under Ch. 893, Fla. Stat. (2016).
Future and Legal Trends
Efforts to legalize compounds such as THCA are underway in the state of Florida, and there is potential for significant change in the future. With the recent passage of Amendment 2, which expanded the use of medical cannabis in Florida, individuals and advocacy groups have begun to push for further legalization of cannabis compounds that provide therapeutic benefits without the psychoactive effects associated with delta-9-THC.
The potential for future legislation on THCA compounds will depend in part on the availability of solid scientific research into the therapeutic value of these compounds. Currently, the lack of regulation for THCA compounds has resulted in a research lull in the field of cannabinoid medicine, leaving proponents of their therapeutic uses with limited scientific evidence. As more studies are performed and accepted into the body of medical literature, advocates for the legalization of certain compounds will have the necessary documents to reference, ensuring continued progress toward the legalization of all cannabis compounds.
Public opinion is also expected to influence the legalization debate . While several states have legalized both medical and recreational cannabis and other cannabis compounds, the majority of states have either outlawed cannabis or placed restrictions on its use and possession. However, given the exponential increase of pro-cannabis advocacy groups and individuals as well as the rate at which public support has increased over recent years, we expect public attitudes to shift in favor of cannabis.
As long as THCA compounds continue to be illegal to use and possess, companies will continue to collect extensive data on the compounds, their medical uses, and their availability. This has already proven to be successful through the initiation and continuation of the recreational cannabis industry, resulting in major breakthroughs surrounding compounds such as CBD.
The legalization of THCA compounds in Florida and in the U.S. as a whole would not only benefit patients using THCA for treatment of various ailments, but would also encourage the pursuit of cannabinoid research at universities and the medical field, promote cannabinoid therapy as a legitimate form of treatment, and create revenue for Florida and for the federal government. For this reason, we hope that Florida and the other 49 states will seek "THCA legalization" to the greatest extent possible under federal law.