Hemp vs Marijuana: What’s the Difference?

Direct Answer

Hemp and marijuana are the same plant species, cannabis; the difference is legal, not botanical. Hemp is cannabis with 0.3% or less Delta-9 THC by dry weight, while marijuana is cannabis above that threshold. That single line, set by the 2018 Farm Bill, is why hemp-derived products are federally legal and marijuana is federally controlled and state-regulated.

Botanically, hemp and marijuana are not different plants, they are both Cannabis sativa. The distinction is a legal one drawn by federal hemp law: if the plant contains 0.3% or less Delta-9 THC by dry weight, it is hemp (U.S. Department of Agriculture); above that, it is marijuana. That is the entire dividing line. Hemp tends to be higher in CBD and other non-intoxicating cannabinoids, while marijuana is bred for high THC, but the categories are defined by that number, not by species.

The consequence is legal and commercial. Hemp and hemp-derived cannabinoids, including CBD, Delta-8, and THCa that meet the 0.3% limit, are within the federal hemp definition and can ship across most states, while marijuana remains federally controlled and legal only under state programs. This is how hemp-derived products deliver cannabinoids nationwide. State laws still vary and can be stricter. For the cannabinoid-level version of this, see CBD vs THC.

  • Degelis Pilla, CEO

    Degelis Pilla, CFA

    CEO and Co-Founder

    Degelis (“Dege,” pronounced “Dayj”) launched TribeTokes in 2017 after identifying a specific problem in the cannabis vaping market: most products were made with cutting agents and additives that had no place in a wellness brand. She built TribeTokes from zero into a multi-million dollar DTC brand with over 100,000 customers, a full cannabinoid product catalog, and a loyal wholesale retail network.

    Degelis is an active member of the Entrepreneurs’ Organization and a regular voice in both the cannabis and women-in-business spaces. She is a CFA charterholder (Chartered Financial Analyst), and holds her undergraduate business degree from the University of Virginia.
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Frequently asked questions

Hemp vs Marijuana: What's the Difference?

Hemp and marijuana are the same plant species, cannabis; the difference is legal, not botanical. Hemp is cannabis with 0.3% or less Delta-9 THC by dry weight, while marijuana is cannabis above that threshold. That single line, set by the 2018 Farm Bill, is why hemp-derived products are federally legal and marijuana is federally controlled and state-regulated.

Is hemp the same as marijuana?

They are the same plant species. The only difference is Delta-9 THC content: hemp is 0.3% or less by dry weight, marijuana is more. The split is legal, not botanical.

Why is hemp legal but marijuana is not?

The 2018 Farm Bill legalized hemp, cannabis under 0.3% Delta-9 THC, at the federal level. Marijuana exceeds that threshold and remains federally controlled, legal only under individual state programs.

Does hemp get you high?

Hemp itself is low in Delta-9 THC, but hemp-derived cannabinoids like Delta-8 and heated THCa can be intoxicating while still meeting the legal hemp definition. Plain CBD hemp does not get you high.

Is hemp-derived THC real THC?

Yes. Hemp-derived Delta-9 or converted THCa is the same molecule as marijuana THC and has the same effect. It is simply produced within the legal hemp threshold.

For more detailed information, read What Is CBD.

This content is for informational purposes only and is not medical or legal advice. Cannabis and hemp laws vary by state and change often. TribeTokes products are hemp-derived and contain less than 0.3% Delta-9 THC in compliance with the 2018 Farm Bill. These statements have not been evaluated by the FDA.