I’m too dumb to know what this means. I want to know what this means and appreciate the help. Just don’t know.
Thank you for the reply!!!
They usually dry it to test and standardise for moisture as part of their standard process
I bet the labs testing for “high THCa flower” skip this so they don’t run hot
But remember this isn’t hemp anyway - it’s marijuana
By definition (in all states) To be hemp it must test at <0.3% after decarb anyway at preharvest testing so High THCa flower isn’t hemp
Why bother trying to rearrange the deckchairs on the titanic?
Yeah, they dried and cured. Standard. They did say that doing a cryo-cure would produce lower test results because of the way they cured so trying to do that with a sample I took.
This is where it gets interesting and id disagree, text definitions provided in legislation are stipulative meaning legally defined in context, states might require you to test for total potential THC but if the states legal text definition provided in current legislation says hemp = cannabis sativa with less then .3% D9THC then that is the legal definition provided and most likely why Tennessee added THCA to their new hemp regulations even though they want testing for total potential THC
This is where it gets interesting and id disagree, text definitions provided in legislation are stipulative meaning legally defined in context, states might require you to test for total potential THC but if the states legal text definition provided in current legislation says hemp = cannabis sativa with less then .3% D9THC then that is the legal definition provided and most likely why Tennessee added THCA to their new hemp regulations even though they want testing for total potential THC
If you don’t comply with basic USDA hemp definition you don’t get to play hemp games, you play schedule 1 games with the same product.
You’ve got mariuana and are trying to pass it as hemp. Doing that with a hemp license doesn’t make it hemp, it means you are not complying with the terms of the license.
So sure you can argue semantics on one level but you’re still a black market grower misrepresenting hemp as marijuana and I can’t see why a judge would choose your narrow preferred framing of the situation when prosecuting you for possession, distribution and racketeering. That’s the problem.
Nobody can argue with a straight face that their high THCA hemp flower is hemp if they can’t show it’s hemp at the required hemp compliance testing.
In practice, high thca hemp companies achieve this by using fraudulent preharvest test results, presenting high cbda plants at the preharvest test and high thca flower at the finished product test. This is simple fraud, not some fancy legal loophole.
Lawyers will happily take you money and make slippery noises about how you’re basically all good, but law enforcement and judges aren’t going to be interested in your pet theory about how your marijuana is magically “really” hemp because of your semantics jiggery pokery.
All hemp farm are expected to be doing basic minimal required compliance, which means there would be no marijuana in the crops - this was long a major focus of hemp compliance and will be again thanks to the high thca brigade - so get used to more raids, more testing, higher cost hemp licenses and the predictable compliance costs.
Yes cryocure will reduce, but if the testing lab are heating to standardise moisture before testing that’s where most of the THC is probably formed, and this is standard practice.
Someone is big mad
Mind sharing the definition of what industrial hemp is considered by the usda and 40+ states? I’ll let you know it is worded very clearly
Even some of the big companies are doing it. They’re telling my clients to lab shop the product they’re selling to them.
THIS. yes.
@Millennialstoner Dont you work with/for HEMP HOP?
Which is all well and good.
Anyone can do this. Anyone can intentionally grow cannabis under a hemp license. Anyone can choose to utilize a laboratory that will provide results that satisfy their needs. Anyone can choose to sell those products in interstate commerce.
Anyone could also choose to just grow weed and sell it, in or out of the licensed market.
Doesn’t matter the size of the company. The only thing that matters is getting caught and the coin flip that is the prosecutor in your district and the coin flip that is the judge and jury in your area.
Even licensed cannabis operators do things that don’t make sense. Hell some of the largest companies in the world do stuff that makes my skin crawl (Pfizer, Nestle, Coke, etc.) many of them spent YEARS in litigation and paid huge fines.
The issue isn’t that the language is clear (the definition is super clear and has been the entire time). Its that enforcement for compliance is spread around multiple jurisdictions - states, tribes, USDA, DEA, FDA. And that’s messy. And they don’t play well together. And in some areas states having their own groups that are fighting each other - because REASONS.
Mostly the reasons are continued focus on prohibition at the upper levels and a complete lack of enforcement funding at the lower levels.
So - enjoy the quasi-legal system while it lasts. 100% knowing that the statute of limitations on drug trafficking are LONG. And that if they wanted to ruin your life, they could. Seize your crops, seize your cash, prosecute you because they can. They can even take your stuff without prosecution.
So decide how much risk you are interested in taking. How much money you are interested in spending on legal fees. And then go forth and do great things.
The warning letters that went out to hemp companies last year from the FDA on average will cost each company $250,000 to overcome. Some companies won’t make it out the other side. And that’s just the tip of the iceberg of potential enforcement actions in this industry.
State health departments, OSHA violations, local taxation issues, on-going criminal prosecution for people who cannot manage to get the “results they want”, loss of business licenses, loss of hemp licenses, physical attacks by competitors in the traditional markets (we’re all seen the stories here and other places!).
But come on - we choose to do this work anyway.
But the long and short of it is - you cannot remove the active group from THCa without creating more THC. You could do lots of weird things to the plant to try and remove the THCa from it - like topping all your plants at the end of flower, or switching up nutrients to force them to grow more leaves instead of buds/trichomes.
But honestly - you’re already growing THCa flower (aka WEED) so you already knew that what you were doing was only quasi-legal at best. You already knew that the limits were really low and terrible. You already knew that testing was going to happen. You already know if your local police/health department/license giver gives a fuck and actually cares about your compliance, and you did it anyway.
So sleep in the bed you made for yourself. Deal with the consequences of non-compliance OR be compliant, let the regulator know you have an issue with your crop and request assistance with its destruction. And voila - you can try the crop again, if you have enough money to do so.
Its really not hard to fix it - notify them of the issue and have a bonfire, voila - problem solved.
You hit on some good points. I have 5 plants and I’m just trying to learn. Law and education interest are two separate things. I grew my 5 plants to learn and got my license, etc. Even TX commissioner on hemp said that we don’t have to just destroy everything because that would leave a lot of unnecessarily destroyed material destroyed for nothing. All of my other products are certified and tested. I only have a small product selection but an effective one. I go by the word of the law and won’t sell my little crop, at the end. I wasn’t looking for workarounds or cheats. I want to learn and was not classically nor formally trained on botany. I have policemen and judges that are my actual customers. My products help them and their families. I could be out breaking the law if I wanted, easily. This original post was for knowledge and experience. Not to commit 5 levels of felonies for 5 plants that are barely D9 THC. It was a science interest to see if it was just possible to engineer this result and, if it was, then my plants would be compliant, legally, in TX. I’ll end up destroying them. It’s 5 plants. I grew at my store because many in TX will never see living Cannabis plants and, while buying 100% legal products, they enjoy seeing my plants. I’m just trying to learn deeper into growing and I’m not moving to California or Colorado and changing my whole life for some experience and education I’d like to gain. This isn’t 100% directed to you, yourself. I, mainly, wanted to thank everyone here for their time and love shown. My friend Sourwavez said for me to come ask, here. I didn’t come here asking how to smuggle weed through drug dogs. I’ve been able to do that in my sleep since I was 16. Nobody and their “ethics” will give me back my best friend that was murdered over some shit, nor my friends or property that have been seized, including vehicles, in slightly younger years. I’m just trying to learn some plant shit. My 5 plants aren’t going to supply all of Houston, TX. I have my license and it’s therapeutic to be able to learn and maybe, when things are legal, I can employ even more people, legally, in this game. I can buy THCa flower from any of my 3 trusted connects. This is just for knowledge and experience. I sincerely appreciate you and everyone else that’s teaching me just knowledge. I’m not writing this with anything but appreciation and respect. Have a wonderful morning and I thank everyone, sincerely, for their kindness and experience.
Big props to anybody trying to do this this the right way and actually be compliant in their state hemp program vs just slinging traditional market flower, IMO being upfront and active with your state hemp program about what your doing and trying to play Within the scope of the law looks alot better then saying fuck it and running with the wind
as someone also from Houston, good luck selling THCa isolate in a storefront. I do not see that ending well
Good comment.
yepppp
Reality Check:
If you’re growing THCA flower in a shop you’re just growing marijuana in a shop under a hemp license. This is a breach of your hemp license, not some magical way to make MJ become marijuana in the eyes of law enforcement. Cops will routinely decarb for testing and won’t care what your CoA says. They’ll also weigh the whole plants (and often soil and containers) meaning even 5 plants can be a commercial quantity. Doing it in a shop means you are automatically commercial so you have none of the defences an individual might.
Having policemen and judges as customers isn’t actually a defence btw, nor is “I’m just trying to learn”, “It’s therapeutic”, “I’m not trying to commit 5 levels of felonies” or “it’s barely D9 THC!”
Taking everyone’s advice and just leaving it to the professionals and will stick with my traceable farms. Wanted to learn. Am just going to stick to approved DSHS seeds and just have nice CBD plants growing so people can just legally enjoy seeing plants technically growing. Too much legal trouble. Wanted to learn but not trying to get into things over it. Appreciate everyone’s knowledge and input.