Hemp

Definition: Hemp is cannabis (Cannabis sativa L.) grown with very low levels of THC, the compound that causes a high. Under the 2018 Farm Bill, hemp is cannabis containing no more than 0.3% delta-9 THC by dry weight. That legal line, not the plant’s species, is what separates hemp from marijuana in the United States.

What Is the Difference Between Hemp and Marijuana?

Botanically, they’re the same species. The difference is legal and chemical. Hemp stays at or below the 0.3% THC threshold and is grown for fiber, seed, or non-intoxicating compounds like CBD. Marijuana is cannabis above that threshold, grown for its THC, and it remains a controlled substance under federal law.

What Is Hemp Used For?

• Food: hemp seeds and hearts are rich in protein, fiber, and omega-3 and omega-6 fatty acids, and contain only trace cannabinoids
• Textiles: hemp fiber makes strong, durable clothing, rope, and canvas
• Building materials: hempcrete, insulation, and bioplastics
• Wellness products: CBD oils, topicals, and other hemp-derived extracts

Is the Federal Definition of Hemp Changing?

Yes. In November 2025, Congress passed a law that redefines hemp by total THC, including THCA, rather than delta-9 THC alone. It also caps finished hemp-derived products at 0.4 milligrams of total THC per container, which would effectively remove intoxicating hemp products like delta-8 THC gummies from the federal hemp market. The change was set for November 12, 2026, and a September 2026 law pushed it back to December 11, 2026. Check current rules before buying or selling hemp-derived THC products, as this area is changing quickly.

Was Hemp Always Legal?

No. Hemp was swept into federal marijuana prohibition for most of the 20th century. The 2014 Farm Bill allowed state pilot programs, and the 2018 Farm Bill removed hemp from the Controlled Substances Act and put production under USDA oversight.

Related terms: Cannabidiol (CBD), THC, Controlled Substances Act, FDA

Sources: USDA Agricultural Marketing Service: Hemp; DLA Piper: New federal restrictions on hemp and hemp-derived products (2025); Akerman: Congress approves one-month delay of federal hemp THC restrictions (2026).

Last reviewed October 2026. This entry is for general education and isn’t legal advice.