Hemp vs marijuana: one plant, two legal categories
Hemp and marijuana are the same species. The difference is a legal line drawn at 0.3% THC, and that line moves on December 11, 2026. Here is how it works.
Key points
- Same species; the difference is a legal THC limit.
- Hemp is not a controlled substance; marijuana is.
- The 0.3% test switches from delta-9 THC to total THC on December 11, 2026.
Hemp and marijuana are the same plant species, Cannabis sativa. The difference is legal: federal law calls cannabis hemp if it has no more than 0.3% delta-9 THC, and marijuana if it has more. On December 11, 2026 that test changes to total THC, which also counts THCA.
Hemp vs marijuana at a glance
| Hemp | Marijuana | |
|---|---|---|
| Plant | Cannabis sativa | Cannabis sativa |
| Federal test today | 0.3% delta-9 THC or less, by dry weight | Everything above that |
| Federal test from December 11, 2026 | 0.3% total THC or less, counting THCA | Everything above that |
| Federal status | Not a controlled substance | A controlled substance |
| Federal oversight | Agriculture and food and drug law | The Controlled Substances Act |
| Common uses | Fiber, grain, oil, CBD products | Medical and adult use under state law |
Source: two Congressional Research Service reports. CRS In Focus IF13136 CRS Legal Sidebar LSB11496
Are hemp and marijuana the same plant?
Yes. "Hemp and marijuana are from the same plant species, Cannabis sativa," the Congressional Research Service writes. Growers describe them as different varieties, "although regulators have characterized them according to their chemical content."
Congressional Research Service
The uses differ. The plant's stalks and fibers go into textiles, paper, and construction and insulation materials, while cannabis grown for THC is used for its psychoactive effects. Our guide to indica, sativa and hybrid covers the labels used on that side of the line.
Where is the legal line?
From 1970 to 2018, cannabis and its derivatives were generally treated as marijuana, a controlled substance. The 2018 farm bill carved hemp out: cannabis with a delta-9 THC concentration of not more than 0.3% on a dry weight basis. Hemp stayed subject to agriculture rules and to the Food and Drug Administration.
Marijuana is still a controlled substance, with one change. In April 2026 the Justice Department moved state-licensed medical marijuana and FDA-approved products to Schedule III; other marijuana remains in Schedule I. Congressional Research Service Our federal status page follows that process.
What is hemp-derived THC?
Because the 2018 test measured only delta-9 THC, products appeared with little delta-9 but enough of other compounds to be intoxicating. The Congressional Research Service describes "products marketed as hemp that contain cannabinoids other than delta-9 THC, such as delta-8 THC," sold as gummies, drinks and candies.
Congressional Research Service
Our guides to delta-8 vs delta-9 and whether THCA is legal cover the two best-known examples.
What changes on December 11, 2026?
The test becomes total THC, including THCA, at the same 0.3%. Final hemp-derived products with more than 0.4 milligrams of total THC per container are also excluded from hemp, and so are cannabinoids synthesized or manufactured outside the plant.
Industrial hemp is expressly kept: hemp grown for the stalk, whole grain, oil, cake, nut, hull or other non-cannabinoid uses of the seeds, and hemp grown for fiber. Checked on November 12, 2026; bills to delay or repeal the change were pending in Congress in October.
Common questions
Is hemp the same as weed?
It is the same species. Legally, hemp is cannabis at or under the federal THC limit, and marijuana is cannabis over it.
Does hemp get you high?
Hemp as defined has very little THC, and CBD is not intoxicating. Some products sold as hemp contain other cannabinoids, such as delta-8 THC, at levels that can be intoxicating.
Is hemp legal in all 50 states?
Hemp is not a controlled substance under federal law, but states regulate hemp and hemp products themselves. Check your state's rules.
Is CBD from hemp or marijuana?
It can come from either. CBD products sold as hemp must meet the federal definition of hemp, which from December 11, 2026 includes a limit of 0.4 milligrams of total THC per container for final products.
What is the 0.3% rule?
The federal limit that separates hemp from marijuana. Today it measures delta-9 THC by dry weight; from December 11, 2026 it measures total THC, including THCA.
Sources and further reading
- Congressional Research Service — Changes to the Statutory Definition of Hemp and Implications for Agricultural Policy (IF13136, updated September 28, 2026)
- Congressional Research Service — Delay in Changes to Hemp Definition (LSB11496, October 28, 2026)
- Congressional Research Service — Change to Federal Definition of Hemp and Implications for Federal Enforcement (IN12620)
Kush is for adults 21+. This guide is educational; product rules and testing requirements vary by state. Our editorial standards & corrections policy.
