Is THCA Legal in Minnesota? (Updated for 2024)

Disclaimer: The information in this article regarding cannabinoids is drawn from comprehensive research and we have made every effort to share the most accurate information available at the time of writing. Remember that legal status is handled differently by jurisdiction and can change status over time. The reader is advised to check the status of cannabinoids before acting and we do not accept liability for this information. This content is for educational purposes only.

What is THCA?

THCA is tetrahydrocannabinolic acid, one of more than 110 cannabinoids present in cannabis and hemp. It is not the same as CBD or THCV (tetrahydrocannabivarin!). So how do they interrelate, exactly?

Technically, THCA is a precursor cannabinoid – the acidic precursor to THC (specifically: to Δ9 THC or Delta-9 THC) – in that it becomes Δ9 THC when heated.

Decarboxylation is the result of applying heat to, in this case, THCA, turning it into Delta-9 THC. This is a common process: think of chalk’s reaction to a flame, creating a yellow glow.

You just decarboxylated the chalk! What’s important here is that THCA, in and of itself – that is, in its unextracted and un-decarboxylated state – is not intoxicating or, technically speaking, psychoactive (introduction to the state of altered consciousness).

You’ll find many claims that it has a variety of potentially beneficial effects on our wellbeing. But, in and of itself, without being converted into THC(a), via decarboxylation, it won’t change your state of mind aka get you high.

Without THCa, there would be no Δ9 THC. It’s all terpenes, terpenes, terpenes And, as compelling as this might seem, you’ll discover that, once decarboxylated – after the THCa becomes ∆9 THC or Delta-9 THC; its C1 to its C2 if you like botanical nomenclature, as chemists often do – then it is intoxicating and it will get you high.

You’ll doubtless guess that this has some pretty significant legal ramifications when it comes to that 2018 Farm Bill in the US.

THCA and Federal Law

Federal law, including the hemp-defining part of the 2018 Farm Bill, says that the source of all hemp-category cannabinoid products must be industrial hemp, and the product must contain no more than 0.3 per cent Delta-9 THC to qualify as a legal product of hemp.

In other words, the source of any hemp-category cannabinoid must be hemp, and no more than 0.3% of that product can be from Delta-9 THC.

The explanation that this federal bill provides is remarkably clear here, in that it is the presence of Delta-9 THC, and not all THC, that makes the difference. So, on a federal basis, a THCA product that doesn’t have very high amounts of Delta-9 THC will likely be legal.

This, of course, is fascinating, and also complicated because with the addition of heat the first becomes the second; this is why decarboxylation is important (and why THCa converts to Delta-9 THC) – something grasped by legislators, who often refer to what is called the total THC content.

Minnesota State THCA Laws

Minnesota State laws have changed since the enactment of the 2018 Farm Bill. In spring 2019, just over a year after the US Congress enacted the federal law, the Minnesota State legislature likewise passed its own version of the 2018 Farm Bill laws, in that any cannabinoid product was ‘legal’ if it had ‘less than 0.3% Delta-9 THC and ‘derived from hemp’.

Yet, on the new products side, products that contain upwards of even 20 or 30 per cent Delta-8 and Delta-10, Delta-8 and THCA, totally blew up the state of Minnesota.

Now there’s disagreement about whether THCA and other forms of THC are legal among various Minnesota State legislators. These legislators sought to apply the cut-off to all forms of THC (‘total THC content’).

By 2022, the state of Minnesota had codified, in statutory law, an HGA-compliant definition of hemp that did not allow any form of THC (either THCA or Delta-9 THC) to exceed 0.3 per cent dry weight concentration, regardless of form.

THCA, Delta-8 THC, Delta-10 THC or Delta-9 THC, products sold in Minnesota (at the time of this latest writing) cannot contain more than 0.3% by dry weight concentration.

But, in late May 2023, the Governor of Minnesota State, Tim Walz, signed a bill making it legal for those who are 21-years-old and older to use recreational marijuana come 1 August 2023. They will be able to carry up to 2 ounces of flower in public, and up to 2 pounds at home.

They will be able to own up to 800 milligrams of THC in gummies and edibles, and 8 grams of cannabis concentrates. Residents in Minnesota aged 21 and over on 1 August will be allowed to possess and grow up to 2 ounces of cannabis flower in a public context, and 2 pounds at home.

They will also be allowed up to 800 milligrams of tetrahydrocannabinol (THC) in gummies and edibles, and 8 grams of cannabis concentrates. One would think this applies to Delta-9 THC flower and other THC variants such as THCA, Delta-8 THC, and Delta-10 THC..

Is THCA a Controlled Substance in Minnesota?

Assuming that a product is in line with Minnesota State laws (for example, 0.3% by dry weight of THCA), the product will be legal. Yet the institution at once has the effect of immediately removing the cannabinoid product from the legal definition of hemp, as any cannabinoid product containing more than 0.3% of any kind of THC becomes cannabis and, therefore, illegal.

Any product with more than 0.3% THCA is, therefore, a controlled substance, and anyone caught in possession of it can be tried under full, penal law.

** Those laws were still in place at the time this article was written. But, as the above section notes, effective 1 August 2023, adults 21 and over will be able to use cannabis for recreational purposes in the state of Minnesota. As such, while THCA and cannabis remain controlled substances in Minnesota at the time of this article, as of 1 August 2023, they will no longer be.

THCA Possession Limits in Minnesota

Seeing as the laws are currently in flux, it’s a bit complicated. At the time of writing, people in Minnesota are only allowed to possess THCA if it is not present in concentrations over 0.3% by dry weight concentration.

However, once August 1st, 2023 comes around, the possession limits will allow people over 21 to possess up to 2 ounces of flower in public or two pounds of flower at home, as well as 800 milligrams of THC in edibles, and up to 8 grams of cannabis concentrates.

Click here to find out what some of the best high THCA strains are!

Is THCA Legal in Minnesota?

Right now, THCA is legal in Minnesota as long as it does not present in quantities over 0.3%. Still, as of August 1st, it will effectively become totally legal for adult recreational use.

Is THCA Safe?

Besides some extremely minor and rare side effects, such as gastrointestinal upset, at this time, there are no indications that moderate doses of THCA are unsafe.

Where to Buy THCA in Minnesota

Here at Botany Farms, we will soon have a wide variety of THCA products. However, for the time being, you could check out our selection of Delta-9 THC products. For instance, our Botany Farms Mixed Variety Delta-9 Gummies are to die for!

Sources:

• https://www.usda.gov/farmbill
• https://www.farmers.gov/working-with-us/farm-bill
• https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
• https://www.health.state.mn.us/people/cannabis/edibles/index.html
• https://mn.gov/governor/newsroom/press-releases/?id=1055-579413
• https://www.revisor.mn.gov/rules/1565.0200/

This article was last updated in April 2024 and the information provided in relation to US federal and state cannabis laws is accurate as of the date provided. Due to the rapidly changing cannabis laws in the US, the information herein may become outdated at any time.

Additionally, this article is NOT intended to be legal advice. Botany Farms does NOT provide legal advice, nor is any individual or entity associated with Botany Farms. Please consult official state government websites for current information regarding cannabis laws for your state.