The Difference Between Hemp and Cannabis
The difference between hemp and cannabis comes down to a single number: 0.3%.
Both hemp and cannabis come from the same plant species, Cannabis sativa. They share the same basic structure and many of the same chemical compounds. The difference between them is both legal and practical, based on how much THC (tetrahydrocannabinol, the substance responsible for the cannabis “high”) they contain.
Understanding the difference between hemp and cannabis starts with where that 0.3% number comes from, what it means for CBD products, how it affects legality, and why the word “marijuana” is more complicated than most people realize.
Same Plant, Different Jobs: The Difference Between Hemp and Cannabis Starts Here
Cannabis sativa has been cultivated by humans for thousands of years. Over time, growers developed two distinct branches of the plant for very different purposes.
One branch was bred for high THC content, the compound responsible for the psychoactive (mind-altering) effects most people associate with marijuana. The other was grown with naturally low THC levels for its fiber, seeds, and other industrial uses. We call that second branch hemp.
The plants even look different as a result. Hemp grows tall and narrow, sometimes reaching 15 feet, with thin leaves and few branches. Cannabis plants grown for THC are shorter, bushier, and produce dense, resin-rich flowers. These physical differences reflect thousands of years of selective cultivation pushing the plants in opposite directions.
The 0.3% Line
In the United States, the legal definition of hemp is precise. According to the USDA, hemp is any Cannabis sativa plant containing no more than 0.3% THC by dry weight. Any cannabis plant above that threshold falls into the marijuana category under federal law, regardless of what it looks like or what it’s grown for.
That 0.3% figure isn’t arbitrary, but nobody intended it as a firm legal boundary either. It originated in a 1976 botanical study by Canadian researcher Ernest Small, who used it as a rough guideline for distinguishing hemp from high-THC cannabis. At 0.3% THC, hemp won’t get anyone high. That level is far too low to produce any psychoactive effect. The 2018 Farm Bill adopted the number as the legal cutoff, and the federal government has used it as the standard ever since.
What This Means for CBD
The difference between hemp and cannabis matters a great deal for anyone interested in CBD.
CBD (cannabidiol) is a naturally occurring compound found in cannabis plants. It’s non-psychoactive, meaning it doesn’t produce a high. Both hemp and marijuana plants contain CBD. For anyone exploring CBD products, the difference between hemp and cannabis matters. Most commercial CBD products come from hemp because hemp is federally legal to grow and process, and growers have selectively bred it to produce high CBD levels and naturally low THC content.
Hemp-derived CBD products are legal under federal law as long as the finished product contains no more than 0.3% THC. That’s why you’ll find CBD oils, gummies, and creams in stores across the country, while marijuana-derived products (even CBD products) remain regulated at the state level.
You may have seen hemp seed oil sold online or in grocery stores. It’s used in cooking and skincare, but it’s not the same as CBD oil. Hemp seed oil earns its reputation for its nutritional profile, particularly its omega-3 and omega-6 fatty acids, and works well in skincare because it’s lightweight, absorbs easily, and won’t clog pores. However, hemp seed oil comes from pressing the seeds (not the flowers, leaves, or stalks), so it contains no CBD or THC. Myth #19 on this site covers that confusion in detail.
Legality
The 2018 Farm Bill was the turning point that legally defined the difference between hemp and cannabis in the United States. It removed hemp from the Controlled Substances Act and made it legal to grow, process, and sell hemp and hemp-derived products across the United States. That’s what opened the door to the CBD industry as it exists today.
Marijuana, defined as cannabis with more than 0.3% THC, remains a Schedule I controlled substance under federal law. Individual states can legalize it for medical or recreational use, and many have. Most states now allow cannabis for medical use, and the number allowing recreational use grows every election cycle. You can see the current breakdown on DISA’s marijuana legality map. But federal prohibition is still in effect, which creates a genuine grey area. Cannabis that’s perfectly legal to buy in one state can be a federal offense to carry across a state line. Businesses in legal states still struggle to access standard banking services because banks are federally regulated. And the rules around travelling with cannabis, even between two legal states, remain murky. It’s a patchwork system that leaves a lot of people confused, and rightly so.
A Note on the Word “Marijuana”
One more thing shapes how we talk about the difference between hemp and cannabis: the word “marijuana” itself.
You’ll notice this page uses “cannabis” rather than “marijuana” when referring to the high-THC plant. That’s intentional.
The word “marijuana” has a complicated history. In the 1930s, anti-cannabis campaigners adopted the Spanish word “marijuana” to associate the plant with Mexican immigrants and fuel racist sentiment. The most prominent was Federal Bureau of Narcotics commissioner Harry Anslinger, who made it central to his campaign. Many researchers, lawmakers, and people in the cannabis industry now prefer “cannabis” as a more accurate and neutral term.
That said, “marijuana” is still widely used in legal language, news coverage, and everyday conversation. Both terms refer to the same thing: cannabis plants with THC content above 0.3%.
Drug test questions and CBD concerns connect directly to the difference between hemp and cannabis. Myth #2 covers that directly.
In Short, The Difference Between Hemp and Cannabis Comes Down To This…
The difference between hemp and cannabis comes down to one thing: how much THC the plant contains. Hemp contains 0.3% THC or less, won’t produce a high, and is federally legal. Cannabis above that threshold counts as marijuana and remains a controlled substance under federal law. Most CBD products come from hemp, which is why they’re widely available and legal across the country. The word “marijuana” carries a complicated history, and consequently much of the industry now prefers “cannabis” as a more neutral term. The 0.3% THC line is the only thing separating them legally.
Quick Reference
The table below summarizes the difference between hemp and cannabis at a glance.
| Hemp | Cannabis (Marijuana) | |
|---|---|---|
| THC content | ≤ 0.3% | > 0.3% |
| Gets you high? | No | Yes |
| Federal legal status | Legal (2018 Farm Bill) | Schedule I controlled substance |
| Primary uses | CBD products, fiber, food, textiles | Medical and recreational use |
| CBD content | Often high | Varies by strain |
| Common products | CBD oils, hemp seeds, rope, fabric | Flower, edibles, tinctures |
Unfamiliar with any terms on this page? Our CBD Glossary covers everything you need to understand the difference between hemp and cannabis, with plain-English definitions of cannabinoids, THC, CBD, and more.