Hemp vs Marijuana
What separates hemp from marijuana in US law and in practice, how hemp seed foods differ from hemp-derived CBD and THC products, and why hemp-derived does not mean safe.
Content last updated . This page has not been medically reviewed.
Definitions
Hemp and marijuana are not two different plants in the way many people assume. The FDA describes marijuana and hemp as two varieties of the Cannabis sativa plant. [1] The difference is mainly legal and chemical: how much THC the plant or product contains. NCCIH says marijuana refers to parts of the plant that contain substantial amounts of THC, and that plants with very little THC are considered "industrial hemp" under US law. [2] NIDA describes hemp as cannabis with very small, non-intoxicating amounts of delta-9 THC, mainly used for textile fiber and edible seed oils. [3] Evidence labels used here: approved medicine, established, evidence of harm, marketing claim.How the law draws the line
| Hemp | Marijuana | |
|---|---|---|
| United States (federal, 2018 Farm Bill) | Cannabis sativa L. with no more than 0.3% delta-9 THC on a dry-weight basis; removed from the Controlled Substances Act. [4] | Listed in Schedule I of the Act. [4] |
| United States (change due 2026) | A November 2025 law moves the test to total THC and excludes final hemp-derived cannabinoid products with more than 0.4 mg THC per container, effective November 12, 2026. [5] | Not addressed in that note. |
| Canada | Industrial hemp has its own regulations. [6] | Cannabis Act. Legal cannabis products carry an excise stamp, except products with less than 0.3% THC or no THC. [7] |
| United Kingdom | The legal definition of cannabis excludes the mature stalk, fiber from it and the seed. [8] | Class B controlled drug. [8] |
We could not confirm whether the 2026 US date has moved, and laws change. This is not legal advice. See cannabis laws by country.
Hemp seed foods are different from CBD products
The FDA completed its evaluation of three hemp seed ingredients: hulled hemp seed, hemp seed protein powder and hemp seed oil. It had no questions about the conclusion that they are safe for use in human foods as described. The seeds do not naturally contain THC or CBD, the ingredients contain only trace amounts picked up in harvesting, and eating them is not capable of making consumers "high". [4] Label: established for these three food ingredients under the FDA's review. Hemp seed oil should not be confused with hemp extract sold as CBD oil; see hemp foods and hemp seed oil.Hemp-derived does not mean safe
- CBD. Hemp is the usual source of CBD, but the FDA says that other than one prescription drug it has not approved CBD products, and that CBD cannot legally be marketed in food or labeled as a dietary supplement. [9]
- Delta-8 THC. The FDA says concentrated delta-8 THC is typically manufactured from hemp-derived CBD. The FDA says they have not been evaluated or approved for safe use and should be kept out of reach of children and pets. [1] Poison centers received 2,362 exposure cases over 14 months, 41% involving people under 18. [1] Label: evidence of harm.
- Quality. The FDA says it found that many CBD products did not contain the CBD level on the label. [9] See CBD quality and certificates of analysis.
Reading labels
We did not find a single labeling standard for the words "hemp", "hemp extract" or "full-spectrum", so the word alone does not tell you what is in a product. The FDA says unapproved CBD products have not been evaluated for dose, interactions or side effects. [9] Ask a pharmacist about interactions, and see CBD products, forms and labels.Not a medical comparison
Neither word describes health benefit. The comparison that matters for health is the specific compound, the product and the person. See CBD vs THC.Frequently asked questions
Is hemp the same as marijuana?
Both are Cannabis sativa. Under US federal law, hemp has no more than 0.3% delta-9 THC on a dry-weight basis. [4]
Can hemp make you high?
Hemp seed foods cannot, according to the FDA. [4] Some hemp-derived products such as delta-8 THC are intoxicating. [1]
Is hemp CBD allowed as a supplement in the US?
The FDA has determined CBD cannot be sold legally as a dietary supplement. [2]
Will the hemp definition change?
A November 2025 US law changes it to total THC, effective November 12, 2026. [5]
References
- U.S. Food and Drug Administration. 5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC. Read 2026-10-22.
- National Center for Complementary and Integrative Health (NIH). Cannabis (Marijuana) and Cannabinoids: What You Need To Know. Read 2026-10-22.
- National Institute on Drug Abuse (NIH). Cannabis (Marijuana). Read 2026-10-22.
- U.S. Food and Drug Administration. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD): Questions and Answers. Read 2026-10-22.
- Congressional Research Service. Change to Federal Definition of Hemp and Implications for Federal Enforcement (IN12620), December 3, 2025. Read 2026-10-22.
- Health Canada. Cannabis laws and regulations. Read 2026-10-22.
- Health Canada. The Cannabis Act: Here’s what you need to know. Read 2026-10-22. Page text dates from about 2019 and may be out of date.
- UK Home Office. Drug licensing factsheet: cannabis, CBD and other cannabinoids, updated 3 October 2024. Read 2026-10-22.
- U.S. Food and Drug Administration. What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD. Read 2026-10-22.
Education, not medical advice. This page is for general information. It does not diagnose or treat any condition and is not a substitute for care from a qualified health professional. Natural does not automatically mean safe. Ask a clinician or pharmacist before changing your care, especially if you take medication, are pregnant or breastfeeding, or have a health condition.