Hemp and marijuana are the same species, so why do U.S. laws differ?

Botanically, hemp and marijuana are generally considered forms of Cannabis sativa, but U.S. law separates them based on THC content; a new federal rule tightening THC limits in finished products is scheduled to take effect in November.

Both hemp and marijuana are forms of the cannabis plant and are generally treated as subspecies of Cannabis sativa. U.S. regulators distinguish between them primarily by levels of THC, the compound linked to psychoactive effects. Hemp has a long history of use for fibers, seeds and other industrial purposes in North America. Lawmakers and agencies have tightened and changed rules over time, and a new federal rule will shift how hemp is defined this fall. What we know: - Botanists and researchers generally regard hemp and marijuana as subspecies within Cannabis sativa. - Federal law has defined hemp by a plant-level THC threshold (commonly cited as 0.3%), and a new rule scheduled for November will impose stricter limits focused on finished products. - The Drug Enforcement Administration notes cannabis contains more than 480 constituents, while regulators focus mainly on THC. - Hemp was cultivated in early America for rope, sails, textiles and other materials and has been used in many societies for centuries. - Industry voices report that the upcoming rule would affect some hemp-derived beverages and products that contain small amounts of THC or other related cannabinoids. Summary: Shifting definitions aim to close regulatory gaps created after the 2018 Farm Bill and narrow the legal distinction between hemp and marijuana by limiting THC in finished products. That change is expected to affect certain hemp-derived goods and the businesses built around them, while research and non-drug uses of hemp such as seeds and fibers remain part of ongoing discussion. The new federal limit is scheduled to take effect in November.