In the USA, marijuana is functionally legal through most of the country due to the hemp bill and the existence of things like THCA and Delta-8 THC. Because of how a product is defined as marijuana vs. hemp, products high in THCA but below the Delta-9 THC limit are considered hemp, even though when decarbed (smoked, vaporized, cooked into edibles) THCA turns into regular old THC and Delta-8 THC is functionally a less potent form of Delta-9 THC.
Some states have enacted provisions around some or all of the Delta-9 THC analogs, but most have not.
I regularly have THCA products shipped to me via USPS in a box with marijuana leaves on it in a state where Delta-9 THC is still illegal for recreational use.
The THC-A exceptions really have not been tested against state laws where weed is still illegal. I understand that THC-A weed is openly sold in a lot of illegal states and enforcement is low. But if local/county/parish officers wanted to test using GCMS instead of LCMS, it would still show that the weed had too much D9-THC.
Maybe people could get this overturned in court in some of those states, but maybe not. I understand that there's some arguments that the federal law supersedes state law due to being on a USDA farm bill or something, but I really, really don't think any of the THC-A stuff has been tested in court.
Even at a purely federal level, I don't think I can just hop on a plane with a pound of THC-A weed and tell the TSA "oh this is just hemp."
TSA is supposed to let it through if it's below 0.3 D9-THC
GCMS will detect THCA if derivatized - https://www.cannabissciencetech.com/view/a-brief-review-of-d... - I find it hard to believe that you couldn't get a non-derivatized GCMS thrown out in court when it's known that GCMS will cause THCA to decarboxolate into THC.
I suppose I should stipulate I'm not a lawyer and there are obvious risks to possessing something that looks exactly like an illegal product.
Some states have enacted provisions around some or all of the Delta-9 THC analogs, but most have not.
I regularly have THCA products shipped to me via USPS in a box with marijuana leaves on it in a state where Delta-9 THC is still illegal for recreational use.