The 2018 Farm Bill Explained
In 2018, the United States Congress passed the Agriculture Improvement Act (commonly referred to as the 2018 Farm Bill). This landmark piece of legislation fundamentally altered how cannabis was defined in America.
The bill explicitly legally separated "hemp" from "marijuana" based on a single metric: the concentration of Delta-9 THC. Under the federal law, any cannabis plant containing less than 0.3% Delta-9 THC on a dry-weight basis is classified as legally permitted, agricultural hemp.
The THCA "Loophole"
The law specifically established limits on the psychoactive compound Delta-9 THC. It did not restrict THCA, which is the raw, unheated precursor. Because THCA is functionally non-psychoactive until it is ignited, farms across the country began breeding high-potency THCA strains that complied entirely with the exact letter of the 2018 federal law.
Interstate Commerce and the USPS
Even though states like Texas have implemented their own bans on the retail sale of high-THCA hemp, the federal law includes a critical provision: Interstate Commerce Protections.
The Farm Bill expressly states that states and Native American tribes cannot prohibit the transportation or shipment of hemp produced in accordance with federal law. Because the United States Postal Service (USPS) is a federal agency, it abides by the 2018 Farm Bill's framework, protecting packages containing federally compliant hemp.
How Long is the Texas Consumer Okay?
For the Texas consumer, this means that as long as you are ordering from a vetted farm operating legally in their state—with Certificates of Analysis (COAs) proving the product is under 0.3% Delta-9 THC—you are fully within your rights to receive those products via USPS.
However, this federal loophole is not permanent. The Farm Bill is typically updated every five years. The next iteration of the federal bill is heavily debated, with many lawmakers pushing to close the THCA loophole by enforcing a federal "Total THC" standard instead of just the Delta-9 rule.
Until Congress passes a new Federal Farm Bill that explicitly outlaws THCA, Texas consumers will remain completely okay utilizing direct-to-door sales from compliant vendors.
Watch: The Federal Situation Explained
A closer look at where federal hemp law stands and what it means for THCA consumers in 2026.