Marijuana

The Controlled Substances Act defines marihuana and marijuana as all parts of the plant Cannabis sativa L., whether growing or not, the seeds, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, seeds or resin (21 U.S.C. 802(16)). Two things are carved out: hemp as defined in 7 U.S.C. 1639o, and the mature stalks, fiber, oil or cake from seeds, and sterilized seeds incapable of germination.

The carve-out is what makes hemp lawful. Cannabis at or below 0.3 percent delta-9 THC on a dry weight basis is hemp; cannabis above that line is marijuana (7 U.S.C. 1639o). The same plant species can fall on either side depending on its chemistry.

NIH describes marijuana as the parts of or products from the plant that contain substantial amounts of THC (NCCIH). State adult-use and patient programs operate under state law only, and the federal classification has not changed.

Carriers follow the federal definition. UPS prohibits shipping marijuana as defined in 21 U.S.C. 802(16) under any circumstances, and will not accept hemp shipments from a location that also sells marijuana (UPS).