The loophole making weed effectively legal across the US

While marijuana remains an illegal Schedule 1 drug at the federal level, alongside substances like heroin, LSD, and meth, it’s legal to consume either recreationally or medically (or both) across dozens of states.

But in many states where weed is illegal on some level – like Texas – a loophole exists that effectively makes it legal for anyone above 21 to purchase.

Background: The psychoactive compound in marijuana is tetrahydrocannabinol, or THC. And when people refer to THC, they’re usually referring to a specific THC isomer known as Delta-9. But cannabis plants also naturally contain significant amounts of other cannabinoids – like THCa (tetrahydrocannabinolic acid), a non psychoactive compound.

Here’s where the loophole comes into play: Any product with more than 0.3% Delta-9 THC is illegal at the federal level. But, according to the 2018 Farm Bill, which legalized hemp and its derivatives, anything under that threshold is fair game.

And while THCa is a naturally occurring non psychoactive compound, when burned or exposed to heat, a process known as decarboxylation, THCa converts into the psychoactive Delta-9.

• In states where weed is legal either medically or recreationally, the flower usually undergoes decarboxylation before being sold to the end consumer.
• But, if decarboxylation doesn’t occur prior to the sale and the plant contains less than 0.3% of Delta-9 THC, it falls into a legal gray area unless explicitly banned by an individual state’s laws.

📸 Big picture: Recreational marijuana is legal in 24 states (as of April 2024). However, 42 states currently allow hemp-derived Delta-9 THC products. A quick search of the area around DONUT HQ in Austin, Texas – a state where recreational use is illegal – surfaces dozens of THCa and Delta-9 dispensaries nearby.