Hemp vs. Marijuana: Understanding the Legal Distinctions
Hemp vs Marijuana: What’s the Difference?
The world of cannabis is full of confusing terms and classifications and hemp and marijuana are two of them. Although they are both Cannabis sativa, hemp and marijuana are legal, chemical and practical different. In this post we’ll break down the differences so you can understand what sets hemp and marijuana apart, legally.
The Basics: What’s Hemp and Marijuana from Cannabis Sativa?
Hemp
Hemp is a variety of the Cannabis sativa plant, also known as the hemp plant, grown for industrial purposes. It’s been used for thousands of years to make all sorts of products, from textiles to paper to rope. In recent times hemp has become popular for its health benefits, especially through CBD (cannabidiol) extraction.
One of the main characteristics of the hemp plant is its low THC (tetrahydrocannabinol) content. By definition hemp has 0.3% or less THC, the psychoactive compound that gets you “high” from marijuana. Since hemp has low THC it doesn’t get you high and is more acceptable for industrial and medicinal use.
Marijuana
Marijuana is another variety of the Cannabis sativa plant, but unlike hemp or marijuana plants it’s grown for its psychoactive properties. Unlike hemp, marijuana has higher THC levels, usually 5% to 30%. That’s what gets you high.
Marijuana is used for both recreational and medicinal purposes. Its psychoactive properties are popular among users looking for a “high” and its therapeutic benefits are used in medical marijuana programs to treat conditions like chronic pain, anxiety and nausea.
Legal Differences: THC vs CBD Legal Status
Hemp
The legal status of hemp has changed a lot, especially in the US, with the 2018 Agriculture Improvement Act being the big one. The 2018 Farm Bill federally legalized the growth and sale of hemp and hemp derived products as long as they have 0.3% or less THC. This bill removed hemp from the Controlled Substances Act and distinguished it from marijuana and opened the door for the CBD industry to boom.
But while hemp is legal federally in the US, states can still have their own rules. Some states may have additional licensing requirements or restrictions on hemp derived CBD products. Make sure to check local laws when dealing with hemp products.
Marijuana
Marijuana’s legal status is much more complicated and varies worldwide and within countries. In the US marijuana is illegal federally, classified as a Schedule I controlled substance under the Controlled Substances Act. This puts marijuana in the same category as heroin, meaning high potential for abuse and no accepted medical use according to federal law.
But many states have legalized marijuana for medical use and a growing number of states have legalized it for recreational use. These state by state legalizations create a patchwork of laws that can be confusing for consumers and businesses. Make sure to know the laws in your state or region as crossing state lines with marijuana, even between two states where it’s legal, can still get you in federal legal trouble. The legal status of marijuana is further complicated by the state laws that govern medical or recreational cannabis use.
Therapeutic and Industrial Uses
Hemp
Hemp is very versatile and has many uses, industrial and therapeutic. Some of the most common uses of hemp are:
- Textiles: Hemp fibers are strong and durable, great for making fabrics, ropes and paper.
- Food: Hemp seeds are nutritious and can be used in various food products, oils, protein powders and snacks.
- CBD Products: With low THC content hemp is a great source of CBD which is used for its potential health benefits, anxiety, pain relief and sleep. The CBD industry has created many products for health and wellness.
- Building Materials: Hemp can be used to make eco friendly building materials, hempcrete a sustainable alternative to concrete.
Medical Marijuana
While marijuana’s higher THC content limits its industrial uses, it’s highly valued for its medical and recreational uses:
- Recreational Use: Marijuana is used for its psychoactive effects, gives users a “high” that can range from relaxing to euphoric depending on the strain.
- Medical Use: Marijuana is used in many medical treatments, especially for conditions like chronic pain, epilepsy, multiple sclerosis and PTSD. THC with other cannabinoids can provide significant relief for patients who don’t respond to traditional medications. Many medical treatments use both CBD and THC to maximize the therapeutic benefits.
- Edibles and Oils: Marijuana can be consumed in many forms, smoking, vaping, edibles and tinctures, making it versatile for medical or recreational use.
Growing and Cultivation Differences
Another difference between hemp and marijuana is how they are grown.
The regulations surrounding cannabis derived products also impact how these plants are grown.
Hemp Cultivation
Hemp plants are grown outdoors and require minimal care compared to marijuana. They are planted close together and can grow up to 20 feet tall. Since hemp is used for its fibers, seeds and CBD it doesn’t need the same level of care and control as marijuana plants making it more cost effective to grow on a large scale. Clinical trials have shown promising results for hemp derived CBD for many conditions.
Marijuana Cultivation
Marijuana cultivation requires more controlled conditions, especially light, temperature and humidity. Marijuana plants are grown more spaced out to allow for better air flow and light penetration. This careful cultivation is necessary to get high THC content and high quality buds, making marijuana more labor intensive and expensive to grow than hemp. Some cannabis derived medications have even been FDA approved for specific medical conditions.
Hemp and Marijuana Legislation: Hemp Derived Products legality
As the public perception of cannabis changes so will the laws around hemp and marijuana. In many places there is a movement towards decriminalization and legalization of marijuana for medical and recreational use. This could lead to changes in federal law in the US and other countries and make marijuana as accessible as hemp is today.
Meanwhile the hemp industry will continue to grow as more people become interested in sustainable products and CBD benefits. With its many uses hemp will remain a valuable crop for years to come.
Summary
Whether you’re a user or an entrepreneur, understanding the differences between hemp and marijuana is key to the cannabis industry. Both come from the same plant family but have many differences in uses, legal status and effects. Hemp offers industrial and therapeutic possibilities with minimal legal restrictions while marijuana’s higher THC content puts it in a more legal complex and regulated category.
As laws change and research expands our knowledge of cannabis, staying informed will help you navigate the hemp and marijuana landscape. Whether you’re looking for CBD benefits or THC therapeutic potential, understanding these differences is key to making informed decisions. Understanding CBD legal status is key to navigating the cannabis industry.
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