by Michael Robinson | Uvalde Hesperian

12-28-24

  In 2018, President Donald Trump signed into law a federal Farm Bill that effectively legalized industrial hemp plants to spur the profitability of the agricultural industry. The 2018 law was the second farm bill following the 2014 Farm Bill. The hemp plant is form of the cannabis plant 

  According to an article by www.healthline.com, it states: It’s a common misconception that hemp and marijuana are two different species of plant. In fact, they’re not distinct species at all. They’re just two different names for cannabis, a type of flowering plant in the Cannabaceae family.

  While science doesn’t differentiate between “hemp” and “marijuana,” the law does. Legally, the key difference between the two is tetrahydrocannabinol (THC) content. THC is one of many cannabinoids, or chemicals found in the cannabis plant. It’s the one that’s primarily responsible for the “high” associated with cannabis.”

  See related article here: Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA

   By passing this new law in 2018, the Federal Government created a loophole allowing for chemicals derived from the hemp plant to be sold to the public, including CBD and THCA. THCA which is found in specifically cultivated hemp bulbs.  Hemp is grown to specific specifications so as to limit the naturally occurring THC in it. However these bulbs contain THCA, an acid form of THC,which  becomes THC when burnt or heated by a vape pipe.

  THC is the chemical in marijuana that causes a user to feel “high” and experience a type of euphoria. 

What is THCA?

Source: THC vs THCA: airing out the smoke of confusion | GreenState

  The acronym THCA stands for Tetrahydrocannabinolic acid and it’s the precursor to THC. Like all cannabinoids, it is converted from Cannabigerolic acid (CBGA). An enzyme found in the human body called THCA synthase pairs with CBGA, changing the compound to THCA. Some believe that the cannabinoid is anti inflammatory and neuroprotective. Buds from cannabis plants can have 0 to 30 percent THCA content. This cannabinoid is most often found in raw freshly harvested cannabis.

  This loophole has created an industry where a person legally can chase a similar “high” to the still illegal cannabis or marijana plant.  

  Hemp derived chemicals including THCA, Delta-8 and the herbal supplement Kratom as well as other products are for sale at three different businesses in town: Smoking Hills Tobacco Inc. located at 524 West Main Street. Area 51 Smoke and Vape located at the East Main Street  Shopping Center near the Dollar Tree and Smoke Shop located on the strip shopping center located  east of Walmart. 

 The Uvalde Hesperian visited each location and talked to the respective staff members. 

  When asked if there is a demand for these products, a clerk at Smoking Hills Tobacco Company stated there is a strong demand. 

  At night, the Smoking Hills Tobacco Shop is brightly lit up with red and green exterior lights and Area 51 Smoke and Vape and the Smoke Shop have bright green lights facing from their front windows. 

  In addition to offering hemp plant bulbs which can be rolled into traditional cigarettes, smoked in a pipe. a water pipe also called a bong. Each location has many different varieties of pipes. THCA vapes are also available as well as THCA edibles. 

    According to some online research on the topic, many customers come to purchase these products not for the high, but to help with anxiety. PTSD, sleep or to treat pain.and other medicinal purposes. 

 A common argument used by many  to support  the legalization of marajuana / cannabis cite that the medicinal benefits and the nationwide trend toward legalization 

    Online sources claim medical research is lagging behind on cannabis chemicals although many customers claim these drugs have provided benefits to them. 

With widespread availability of legalized hemp products several questions come to mind: 

  Is there a risk of arrest by law enforcement if a user is found with legal THCA hemp cigarettes, plant bulbs and other forms of the plant?

  Are minors gaining access to these products despite most if not all local stores requiring their respective customers to be 21 years or older?

  Will the State of Texas act in its upcoming 2025 legislative session to enact laws to limit the legality of products that contain THCA?

  Will the U.S, Congress in 2025 move to pass new laws closing the legal loophole that the 2018 Farm Bill created?