What is Hemp & How is It Different From Marijuana?

In many ways, hemp looks the same as marijuana. It smells the same as marijuana. Yet for some reason, hemp is legal and marijuana isn’t. Why is that? Well, in this guide, we’re going to dive into just what hemp is, and isn’t, and what distinguishes hemp from its cannabis cousin.

• What is Hemp?
• Hemp vs Marijuana vs Cannabis: What’s the Difference?
• Hemp CBD vs Marijuana CBD: What’s the Difference?
• Hemp THC vs Marijuana THC: What’s the Difference?
• Is Hemp Legal?
• Answering FAQs About Hemp
  
  

What is Hemp?

Hemp is a subspecies of the cannabis plant that is grown specifically to have less than 0.3% delta-9 THC. However, there’s a lot more to say about this ancient crop.

Hemp has been grown for thousands of years, dating as far back as China in 2700 BCE.¹ It has been used for everything from clothing fiber to foods and medicines. This prolific plant made its way to the United States, becoming a commodity fiber crop in the mid-18th century. However, when the 1937 Marijuana Tax Act was passed, hemp was classified as “marijuana,” and it became all but impossible for farmers to grow this plant. 

Sentiments around hemp have changed  over the last century, especially when the United States needed other sources of fiber during times of crisis. However, industrial hemp (e.g., cannabis plants with less than 0.3% delta-9 THC) was finally federally legalized in the Agricultural Improvement Act of 2018.²

Why less than 0.3% delta-9 THC? In 1979, an author named Ernest Small wrote a book called “The Species Problem in Cannabis: Science & Semantics.”^3,4 In it, he sought ways to tell the difference between hemp and marijuana, but ultimately was unable to because they are the same species: Cannabis sativa L. So, Small suggested that we classify hemp as any cannabis plant with no more than 0.3% delta-9 THC.  

Later, when various Farm Bills were passed in Congress, that otherwise arbitrary measure was adopted to distinguish between the marijuana you consume for psychoactive effects and the industrial hemp we use for a whole host of products.

The short answer is…not much! Both hemp and marijuana are types of cannabis plants, which means they are, botanically speaking,  the same species of plant. That being said, when people talk about “marijuana ,” they are most likely referring to cannabis with higher potencies of delta-9 THC, not hemp.

The marijuana vs hemp conversation is a bit more complicated. There are two major distinctions between hemp and marijuana:⁵

• THC Percentage: Hemp can have no more than 0.3% delta-9 THC. Any cannabis with a measure greater than 0.3% is marijuana.
  
  

• Legality: Hemp is federally legal, and marijuana is only legal at the state level in states that have legalized cannabis for medical or adult use.
  
  

An additional difference is that there is much more research around hemp because it is federally legal and barriers to research are not as rigid as with marijuana, which is currently a Schedule I controlled substance. Research on marijuana is limited due to heavy restrictions around funding and testing.

The cannabinoid CBD is the same, regardless of which plant it came from. The only difference between hemp-derived CBD and marijuana-derived CBD is the legality of the source. If you’re purchasing a CBD product outside of a dispensary, the CBD probably came from a hemp plant. If you purchase a full-spectrum CBD product from a state-licensed dispensary, you’re likely getting CBD from the marijuana plant. That means if you’re living in a state that does not offer any cannabis program, you are probably not able to  purchase full-spectrum CBD products.

Similar to CBD, the actual cannabinoid, THC, is the same molecule no matter its plant of origin. The difference here is the quantity of delta-9 THC present in the plant of origin. Industrial hemp is required by federal law to have 0.3% or less of delta-9 THC.³ With that restriction, hemp can be used to make a plethora of products, including the CBD sold at your local store. Marijuana, on the other hand, has nearly no regulation on the amount of delta-9 THC it can contain, but it is not federally legal. Therefore, marijuana THC can only be sold in states that have legalized cannabis consumption. 

Hemp is legal. However, many unscrupulous hemp product manufacturers skirt the law around hemp by making intoxicating cannabinoid products that are not subject to the same consumer protection standards that state-legal cannabis products have, like age-gating, proper packaging and labeling, and quality assurance testing, intended to ensure the product you purchase is the product you want. States have the right to regulate hemp products, so because hemp regulation varies from state to state, you should always check the rules in your area before making a purchase.

Curious about this cannabis plant? You’re not alone. Here are just a handful of questions we’ve answered about hemp:

Is hemp cannabis?
Yes, hemp is botanically the same plant as cannabis, except hemp has 0.3% or less of delta-9 THC.

Does hemp have THC?
Yes. Hemp must have 0.3% or less of delta-9 THC to be considered hemp. Above that amount, it is classified as marijuana.
 

Can you smoke hemp?
Yes. People around the country smoke hemp for the other cannabinoids contained in the plant. That said, it’s important to remind you that you cannot get intoxicated with hemp.
 

Is hemp oil and CBD oil the same thing?
Not exactly. Many hemp enthusiasts use the terms interchangeably. So for some, hemp oil and CBD oil are the same thing—an oil made from the hemp plant that contains CBD. For other fans of hemp, hemp oil is a reference to hemp seed oil, an oil extracted from hemp seeds that contains a variety of nutrients, like vitamin D, and compounds, like omega-3 fatty acids, but no CBD.⁶
 

Industrial hemp plants provide countless products to people around the world, including plastic, clothing, flour, cosmetics, and more. Because hemp is legal, it also helps move certain cannabinoid research forward, allowing us to continue to study the various compounds contained in this fascinating plant. Like with all things cannabis, we hope to see this plant thrive, legally, once more.