Defining Hemp: A Fact Sheet

Botanically, hemp and marijuana are from the same species of plant, Cannabis sativa. However, hemp and marijuana are genetically distinct forms of cannabis that are distinguished by their use and chemical composition as well as by differing cultivation practices in their production. The two are from distinct strains of Cannabis sativa called varieties or cultivars. While marijuana generally refers to the psychotropic drug (whether used for medicinal or recreational purposes), hemp is cultivated for use in the production of a wide range of products, including foods and beverages, personal care products, nutritional supplements, fabrics and textiles, paper, construction materials, and other manufactured and industrial goods. Hemp is generally characterized by plants that are low in delta-9 THC, the dominant psychotrophic compound in Cannabis sativa. In addition to its low THC content, hemp generally has high levels of cannabidiol (CBD), the primary nonpsychotropic compound in Cannabis sativa. Hemp and marijuana have varying statutory definitions in U.S. law. Changes enacted as part of the 2018 farm bill (Agriculture Improvement Act of 2018, P.L. 115-334) distinguish between hemp and marijuana in terms of policy and federal regulatory oversight. The 2018 farm bill amended the Controlled Substances Act (21 U.S.C. §§801 et seq.) to specify that the term marijuana excludes hemp (as defined in the 2018 farm bill), thereby permitting the production and sale of hemp and hemp-derived products. Since the late 1950s, hemp’s association with marijuana had placed it under control and regulation of the U.S. Drug Enforcement Administration (DEA). The 2018 farm bill instead established a new regulatory framework to monitor compliance and regulate hemp production under the jurisdiction of the U.S. Department of Agriculture (USDA).