Under federal law, the difference between hemp and marijuana is delta-9 tetrahydrocannabinol (THC) concentration. Hemp has 0.3% or less delta-9 THC on a dry weight basis. Marijuana has more than 0.3%. Both are Cannabis sativa L. The 2018 Farm Bill set this limit.
is cannabis federally legal in the united states
Legal definition
The Agriculture Improvement Act of 2018 defines hemp in Section 297A. Hemp is the plant Cannabis sativa L. and any part of it. This includes seeds, extracts, cannabinoids, isomers, acids, salts, and salts of isomers. The delta-9 THC concentration must be 0.3% or less on a dry weight basis. Federal law defines marijuana in 21 U.S.C. § 802(16). The marijuana definition excludes hemp.
The 2018 Farm Bill
Congress passed the Agriculture Improvement Act on December 20, 2018. The law removed hemp from the Controlled Substances Act (CSA). Hemp became an agricultural commodity. The law kept marijuana in Schedule I. The DEA enforces the CSA for marijuana.
Federal agencies
- USDA: Regulates hemp production. Runs the U.S. Domestic Hemp Production Program. Approves state and tribal hemp plans.
- DEA: Enforces the CSA. Regulates marijuana. Issues registrations for cannabis research.
- FDA: Regulates cannabis products under the Federal Food, Drug, and Cosmetic Act. Has approved one cannabis-derived drug, Epidiolex.
Testing and enforcement
Federal law requires hemp testing. Tests measure delta-9 THC concentration on a dry weight basis. A sample above 0.3% is a "hot hemp" crop. The crop is subject to disposal. The USDA set a negligence threshold of 0.5%. A crop above 0.5% may be a negligent violation. Three violations in five years can lead to a ban on hemp production.
State and federal law
States can set their own rules. Some states allow recreational marijuana. Federal law still prohibits marijuana. The Rohrabacher-Farr amendment blocks the Department of Justice from using funds to prevent states from implementing medical marijuana laws. That amendment must be renewed each year. Hemp is legal under federal law. States may still regulate hemp production and sales.
Common questions
Is hemp the same plant as marijuana?
Yes. Both are Cannabis sativa L. The difference is THC concentration. Hemp has 0.3% or less delta-9 THC. Marijuana has more.
Does hemp get you high?
Hemp has little delta-9 THC. It does not produce the same effects as marijuana. Hemp-derived delta-8 THC is a separate issue. The DEA has said delta-8 THC made by synthesis can be a controlled substance. Federal law on delta-8 is unsettled.
Is CBD legal under federal law?
Hemp-derived CBD with 0.3% or less delta-9 THC is legal under the 2018 Farm Bill. The FDA has not approved CBD as a dietary supplement. The FDA has approved Epidiolex for seizures.
Key numbers
- 0.3%: delta-9 THC limit for hemp on a dry weight basis.
- 0.5%: USDA negligence threshold for THC.
- 2018: Farm Bill year.
- Schedule I: marijuana's CSA classification.
Bottom line
Federal law uses one number. Hemp is 0.3% or less delta-9 THC. Marijuana is more than 0.3%. The 2018 Farm Bill made hemp legal and kept marijuana illegal. States can differ. Check the law where you are.