Latest Headlines (30–90 Days)

• Texas executive order (Sept 10, 2025): Governor issues 21+ age requirement and directs rulemaking that explicitly references THC-A alongside THC products. Useful signal for other states evaluating age-gating. Report · Coverage
• Appropriations “total THC” language (Aug 2025): Congressional analysts note FY2026 ag spending drafts would require total THC testing (including THCA) and curb intoxicating hemp loopholes—material risk for THCA flower if enacted. CRS Insight
• USDA extends DEA-lab testing enforcement pause to Dec 31, 2025: Hemp compliance testing may use non-DEA labs due to capacity constraints (extension confirmed by AMS). USDA Notice · AMS Lab Info
• Arkansas enforcement greenlit (June 2025): 8th Circuit says state can enforce its 2023 ban on most hemp-derived THC products—illustrates courts allowing stricter state regimes. MJBizDaily

Federal: Bills, Agencies & Guidance

• USDA AMS testing: Enforcement discretion continues—DEA-registered lab requirement delayed until Dec 31, 2025. Plan for potential switch to DEA labs in 2026. USDA · AMS Lab Guidance
• Appropriations route to “total THC”: Congressional Research Service summarizes provisions to require total THC testing (THCA included) and exclude intoxicating hemp in FY2026 drafts—monitor final text and conference outcomes. CRS · Legal analyses: Shipman & Goodwin · Vicente LLP
• FDA posture: FDA maintains cannabis/CDP pages; no retail THCA framework—avoid health claims; align label and COA. FDA Overview · Guidance

States: Enforcement & New Rules

Key 2025 signals for wholesale THCA buyers:

• Arkansas: Appeals court allows enforcement of ban on most hemp-derived THC; practical effect is near-total retail prohibition for intoxicating hemp. Details
• Texas: Executive order sets 21+ and directs agencies to write rules covering THC-A and THC products; watch implementing regs. Coverage · Report
• “Intoxicating hemp” trend: National outlets track state moves (CA, VA, AR, etc.) to tighten rules—expect more age-gating, potency caps, or outright bans. Reuters explainer

Always cross-check our state-by-state legality index before quoting or shipping.

What Wholesale Buyers Should Do Now

1. COA math + dry weight: Ensure Total THC = (THCA × 0.877) + Δ9 reported on a dry-weight basis and lab methods/uncertainty shown. (Use our COA guide.)
2. State pre-clear: Confirm destination rules (age-gating, smokable bans, potency caps). When unclear, request counsel sign-off.
3. Carrier readiness: Ship only with carriers/accounts that accept hemp; include invoice + batch COA in box. (See Shipping Policy.)
4. SLA & holdbacks: Use contracts with intake-QC holdbacks and claim windows. (Claims · Terms)
5. Scenario plan: If “total THC” becomes federal law, be ready to pivot to qualifying SKUs or channels.

Chronology (2024–2025)

• Nov 14, 2024: USDA delays DEA-registered lab testing enforcement for hemp through Dec 31, 2025. USDA
• Jun 2025: 8th Circuit allows Arkansas to enforce hemp-derived THC ban. MJBizDaily
• Jun–Aug 2025: FY2026 ag appropriations drafts include “total THC” provisions impacting THCA flower if passed. CRS summary
• Sep 10, 2025: Texas executive order imposes 21+ and targets THC-A/THC products for rulemaking. Coverage

FAQs

Is THCA flower still federally legal?

Federally, hemp hinges on Δ9-THC ≤ 0.3% dry weight. However, Congress is considering “total THC” in appropriations drafts. Until final passage, follow existing rules and state requirements. CRS

Do I need a DEA-registered lab for compliance testing today?

USDA has delayed enforcement of the DEA-lab requirement until Dec 31, 2025 due to capacity limits. USDA AMS

What states are highest risk for THCA shipments?

States actively restricting “intoxicating hemp” (e.g., Arkansas) pose higher risk, and courts have upheld stricter state regimes. Always check our state pages and consult counsel. Example · Reuters

Which federal agency polices retail claims?

FDA oversees cannabis-related products in certain contexts; avoid disease/health claims and ensure labels match COAs. FDA

Authoritative Resources

USDA AMS: Hemp Testing · CRS: Hemp & Appropriations (FY2026) · FDA: Cannabis & CDPs · Reuters: State/Federal Trends

Next Steps

Lock your intake QC, include batch-matched COAs in every shipment, and verify destination-state rules before booking freight. If you need a compliance review, we can help.

Request a Compliance Review · Browse Wholesale THCA