Hemp vs. Cannabis: Understanding the Difference
In states where medical or adult-use cannabis is legal, you’ll hear the terms “hemp” and “cannabis” (often called marijuana) used all the time—but the actual difference between them is simpler, and stranger, than most people think. Legally speaking, it mostly comes down to one number: 0.3% THC.
Same plant, legal line
Botanically, hemp and cannabis are the same species of plant, Cannabis sativa L. They are not different plants so much as different legal categories of the same plant. Hemp is any cannabis plant (or derivative) that contains no more than 0.3% delta-9 THC by dry weight, while Cannabis/marijuana is the same plant with more than 0.3% delta-9 THC by dry weight. That 0.3% cutoff is not a hard scientific boundary; it was written into law as an agricultural and legal definition, most clearly in the 2018 Farm Bill.
The Farm Bill framework
The 2018 Farm Bill removed hemp from the federal Controlled Substances Act and defined it as cannabis containing 0.3% delta-9 THC or less on a dry-weight basis. Hemp and hemp-derived products that meet this limit are federally legal to grow, process, and ship, subject to state rules.
Cannabis that tests above 0.3% THC is legally classified as marijuana and remains federally illegal, even though many states (including New York) allow it under their own medical or adult-use programs.
How cultivation and chemistry differ
Because of this legal line, hemp and cannabis are usually grown and used differently. Hemp is bred and cultivated for very low THC, often with a focus on fiber, grain, or CBD-rich flower. Typically planted outdoors in large fields, more like a traditional row crop, to maximize stalks, seeds, or biomass for extraction.
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Cannabis is selectively bred to produce much higher THC levels and specific cannabinoid/terpene profiles. Commonly grown indoors or in greenhouses with tight control over light, nutrients, and environment to maximize resin-rich flowers.
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Both hemp and higher-THC cannabis can produce dozens of cannabinoids, including THC, CBD, and minor cannabinoids; hemp is simply the version where THC is kept extremely low.
Cannabinoids and the entourage effect
The two best-known cannabinoids are THC and CBD. THC (tetrahydrocannabinol) is the primary psychoactive compound responsible for the classic cannabis “high.” CBD (cannabidiol) is non-intoxicating (no high) and often extracted from hemp for oils, tinctures, and other wellness products.
Both hemp and cannabis plants can produce CBD and THC; hemp varieties are bred so that THC stays below the 0.3% threshold, while many modern cannabis cultivars have high THC and variable CBD levels.
These cannabinoids do not work alone. Cannabis plants also contain terpenes and other minor compounds, and their combined action is often referred to as the “entourage effect”—the idea that cannabinoids and terpenes may produce larger effects when working together than in isolation.
How products show up in the real world
Because of their different THC limits and legal status, hemp- and cannabis-derived products tend to fall into distinct product categories. Hemp-derived products are widely available across the U.S. (subject to evolving rules)
Examples: CBD oils and tinctures, topicals, gummies, capsules, hemp fiber textiles, paper, hempcrete, hemp seeds, and hemp seed oil.
Cannabis-derived products (marijuana) is sold only through licensed dispensaries in legal states.
Examples: smokable flower, vapes, infused edibles and beverages, concentrates, and higher-THC tinctures formulated for adult-use or registered medical patients.
Why this matters when you shop
Understanding the hemp–cannabis distinction helps you know what’s legal where you live (hemp products vs regulated cannabis products) and set expectations for effects, especially around intoxication and impairment. Reading lab reports correctly so you can confirm that a “hemp” product actually meets the federal THC limit and see what other cannabinoids are present.
Even though hemp and cannabis are the same species, that single 0.3% THC line drives very different rules around how they’re grown, regulated, and sold—and ultimately shapes the kinds of products you’ll see on shelves and online. Knowing your preference for specific cannabinoids and intoxication level means you can narrow down what types of products you are looking for.
This content is for educational and informational purposes only and is not intended as medical advice, diagnosis, or treatment. Cannabis and cannabinoid products have not been evaluated by the FDA for the prevention or treatment of any disease, and New York’s Office of Cannabis Management does not authorize adult-use cannabis products to be marketed as medical treatments. Effects can vary widely between individuals. Always talk with a licensed healthcare provider about any health concerns, diagnoses, or before changing your wellness, exercise, or medication routines.