THCa Flower is Legal in NC. Not All NC Police Know That

Rod Kight international cannabis attorney
Rod Kight, International Cannabis Attorney

THCa flower has continued to grow in popularity in North Carolina since dispensaries began carrying it in 2023. Cannabis enthusiasts very quickly adopted this new cannabinoid because it is an addition to their wellness routine that is very familiar. Smoking and vaping are the two most common ways of decarboxylating, or activating, THCa flower. So, it is ideal for pipes, joints, and vape cartridges. For those that like a higher concentration, THCa dabs and concentrates are also available. 

Despite the rapidly growing acceptance of THCa flower, it is still very misunderstood. From your neighbors to the police, not everyone knows about THCa. So, possessing and distributing it remains very risky activities. This is evident from a violent arrest that took place in Charlotte, NC at a bus stop. Two people of color were smoking a THCa joint, which had been legally purchased, at a bus stop when they were approached by the police. It quickly escalated to a violent altercation that ended with one of the officers being suspended for their actions. All charges against the couple were dropped.  

The Biggest Risk: NC Police Procedures 

The Police don’t necessarily have the time or the resources to embark on a full scale cannabis education program. As a result, many of the procedures in place for testing cannabis have been in place for the past several decades. Currently, most crime labs use a method called gas chromatography to test potential cannabis samples. This testing method involves decarboxylating, or heating, the sample. This process inevitably transforms THCa hemp products into Delta 9 THC. Unfortunately, based on this flawed testing process, police will claim that the seized THCa hemp is illegal THC marijuana. The THCa flower will never be returned and criminal charges will most likely be filed. 

Tips for Reducing the Risk of an Arrest for THCa Flower

According to Rod Kight, International Cannabis Attorney, until everyone is educated on the legality of THCa flower, it is highly recommended to follow these tips to reduce the risk of an arrest. 

1. Consume THCa Flower Somewhere Private

consume THCa flower some where private
Smoke THCa Flower Somewhere Private

Smoking or vaping in public, or in a car in a public place, is a very high risk activity. People can very easily discern the smell of cannabis smoke and vapes. Most likely, they will assume it is marijuana. Even if the police aren’t around, other people in the surrounding area can take pictures and notify the police. Therefore, it is recommended to smoke or vape THCa flower at home or at another private residence. 

2. Don’t Leave THCa Flower in Plain Sight

Since law enforcement is still woefully ignorant about THCa, it is best not to leave any on the car seats or dashboard. The appearance or smell of cannabis, even THCa hemp, can lead to a search, seizure, and arrest. The best place to keep THCa flower in transit is in the trunk of the car. This will keep it out of sight and should eliminate any smells. Ideally, it should be placed inside something cool to avoid the heat that can accumulate in a trunk on a sunny day.

3. Do Not Consent to a Vehicle Search

If the police ask to search the vehicle, the driver may refuse to give consent. This does not mean that the vehicle won’t be searched. However, if there was no consent to the search, any evidence may be dismissed if the officer had no probable cause for the search. Since marijuana and hemp require a lab test to determine the difference, just the sight of it is not considered probable cause for a search.

4. Keep the Receipt

Showing the receipt to a police officer will prove that the THCa flower was purchased at a legal store or e-commerce site, and not the “black market.” A person’s intent is crucial to proving whether a crime has been committed. Providing a receipt with a recent date goes a long way to prove lawful intent.

CannaBuddy has over 20 Premium THCa Flower Strains

Minimizing risk and avoiding interactions with the police are the best ways to keep THCa flower as part of a wellness routine. Each strain has a unique terpene profile that interacts with everyone’s endocannabinoid system differently. Some enthusiasts find that a high linalool concentration, like in Mac-1, creates an enjoyable giggly mood state, while others find the terpinolene in Strawberry to be a very relaxing mood state. With over 20 premium strains, CannaBuddy can assist with identifying the terpene combination that works best for each person. Consumers will have to try more than one to find what helps the most. Many start this process with Hippie Crippler, Amnesia Haze, or Pineapple Express.

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