Hemp vs. Marijuana: What Federal Law Actually Says
Hemp and marijuana both come from the Cannabis sativa plant species, but under U.S. federal law, they are treated very differently. Understanding this distinction is essential for consumers, businesses, and anyone navigating hemp-derived products like CBD.
This article explains the legal definitions, how federal law separates hemp from marijuana, and why those differences matter.
The Legal Difference Between Hemp and Marijuana
The primary legal distinction between hemp and marijuana is delta-9 THC content.
Under the Agriculture Improvement Act of 2018 (commonly called the 2018 Farm Bill):
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Hemp is defined as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis
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Marijuana is cannabis containing more than 0.3% delta-9 THC
This THC threshold is the deciding factor under federal law—not the plant’s appearance, strain name, or intended use.
How Federal Law Regulates Hemp
The 2018 Farm Bill removed hemp from the federal Controlled Substances Act. As a result:
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Hemp is no longer classified as a controlled substance
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Hemp cultivation is regulated by the U.S. Department of Agriculture (USDA)
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Hemp-derived products that meet federal THC limits are legal at the federal level
States may still impose additional rules, but federally compliant hemp is lawful to grow, process, and sell in the United States.
How Federal Law Regulates Marijuana
Marijuana remains regulated under the Controlled Substances Act (CSA).
As of late 2025:
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Marijuana is still federally illegal unless separately authorized
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Federal enforcement priorities may vary, but prohibition remains in statute
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State marijuana programs do not override federal law
While federal policy toward marijuana has evolved, including recent efforts to reschedule it under the CSA, marijuana has not been legalized nationwide.
Why Hemp-Derived CBD Is Federally Legal
CBD itself is not what determines legality under federal law. Instead, legality depends on the source of the CBD.
CBD is federally legal if it is:
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Derived from hemp
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Produced from cannabis containing no more than 0.3% delta-9 THC
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Manufactured and labeled in compliance with federal and state regulations
CBD derived from marijuana is still subject to federal marijuana laws.
Why the Distinction Matters
The hemp versus marijuana distinction affects:
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Product legality
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Interstate commerce
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Farming and manufacturing regulations
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Consumer access to hemp-derived products
Products made from federally legal hemp can be sold online and shipped across state lines when compliant. Marijuana products generally cannot.
Common Misconceptions
“Hemp and marijuana are the same thing.”
They are the same species but legally distinct under federal law.
“CBD is illegal.”
CBD derived from federally compliant hemp is legal at the federal level.
“All cannabis products are regulated the same way.”
Hemp and marijuana are governed by different laws, agencies, and enforcement standards.
Federal vs. State Authority
States may:
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Regulate hemp more strictly than federal law
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Allow or prohibit marijuana regardless of federal policy
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Set their own compliance and licensing standards
Federal law establishes the baseline, but state rules still apply.
Key Takeaways
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Hemp and marijuana are legally distinguished by delta-9 THC content
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Hemp containing no more than 0.3% delta-9 THC is federally legal
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Marijuana remains federally illegal despite state legalization programs
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Hemp-derived CBD products are legal when produced in compliance with federal law
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Understanding the difference helps consumers make informed decisions
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