Hemp

Federal law defines hemp as the plant Cannabis sativa L. and any part of that plant, including seeds, derivatives, extracts, cannabinoids and isomers, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis (7 U.S.C. 1639o). The definition came from section 10113 of the Agriculture Improvement Act of 2018, signed December 20, 2018, and section 12619 of the same act removed hemp from the Controlled Substances Act (P.L. 115-334).

Growing hemp requires a license under a USDA-approved state or tribal plan or the USDA program itself. USDA has delayed enforcement of the rule that all hemp be tested by a DEA-registered laboratory until December 31, 2026 (USDA AMS).

Section 781 of Public Law 119-37 rewrote the definition. It counts total tetrahydrocannabinols including THCa, excludes cannabinoids synthesized outside the plant or not naturally produced by it, and caps finished hemp-derived cannabinoid products at 0.4 mg total THC per innermost container. Public Law 119-103 delayed everything except the non-natural cannabinoid exclusion until December 11, 2026 (P.L. 119-103).

Hemp is botanically the same species as marijuana. The difference is THC content and legal status.