Yes, It’s Cannabis. And Yes, It’s Legal.
Let’s be clear: THCA hemp is cannabis. It looks like cannabis, smells like cannabis, and it is cannabis — grown legally under federal law because of a technical distinction in how the 2018 Farm Bill defines “hemp.”
The Loophole in the Law
Under the 2018 Farm Bill, the federal government legalized hemp, defining it as:
“Cannabis sativa L. and any part of that plant… with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.”
Cannabis plants in their raw, unheated form naturally produce THCA — not THC. THCA is non-psychoactive until it's heated, which is when it converts into THC through a process called decarboxylation.
So as long as a cannabis flower contains less than 0.3% delta-9 THC when tested in its raw state, it is legally classified as hemp — even if it's rich in THCA.
Beyond Just Flower
This legal definition doesn’t stop at the flower. Any byproduct, concentrate, extract, edible, topical, or derivative made from this legally compliant plant matter is also considered hemp under the law — as long as it, too, contains less than 0.3% delta-9 THC by dry weight.
What That Means for You
This legal technicality allows licensed growers and retailers to legally cultivate and sell high-THCA cannabis under hemp laws. The product is chemically and physically cannabis — but legally defined as hemp.
This is real cannabis, made legal by a technicality. And while this loophole is still active, we’re proud to make these products available — responsibly, transparently, and legally.
Stay Informed
Federal law currently allows the sale of THCA cannabis as hemp. However, state laws vary, and legal interpretations are evolving quickly. Always check your local laws before purchasing.
The Agriculture Improvement Act of 2018 (commonly known as the Federal Farm Bill) removed hemp from the government’s list of controlled substances on the federal level.
All of High 5’s products comply with the Farm Bill and are legally permitted to ship to most U.S. states. Here’s how we continue to uphold our legal status and deliver high-quality products to our customers.
How Is High 5 Legal? Regulatory Standards and Compliance
High 5’s products comply with the Farm Bill’s Delta-9 content limits and its strict regulations on hemp cultivation.
To be compliant and hold our products to the highest standards, we work with licensed growers who operate in accordance with state, tribal, and federal law.
We also rigorously test and monitor every cannabis product available at our online dispensary with third-party labs to confirm each meets regulatory and quality standards.
High 5 Ships To Most U.S. States
While hemp-derived products are federally legal, state laws vary on recreational cannabis use. Some states have lighter regulations, while others impose additional restrictions or outright bans on certain cannabis products.
We continually adapt to follow these state-specific laws.