Marijuana Versus Hemp: Everything You Need to Know

Marijuana and hemp are both varieties of the cannabis plant. The main distinction between them comes down to a legal threshold established for Delta-9 THC.

That single difference shapes everything, from what products can be made to who can buy them and whether they can be shipped to your door.

Whether you’re exploring cannabis products for the first time or just want a clear breakdown of marijuana versus hemp, this guide delves into these two varieties of cannabis.

In this article, we’ll explore:

• Marijuana Versus Hemp at a Glance
• Marijuana Versus Hemp THC Levels
• Marijuana Versus Hemp in Products

… plus, we will walk you through the legal differences between marijuana and hemp and clear up some common misconceptions about the two.

Marijuana Versus Hemp at a Glance

Marijuana and hemp are more alike than most people think, but the differences that do exist carry major legal weight.

What Marijuana and Hemp Have in Common

Both marijuana and hemp plants belong to the species Cannabis sativa. They share similar chemical structures, grow in the same climates, and produce many of the same naturally occurring compounds, including cannabinoids such as THC, CBD, CBN, and CBG.

If you place a hemp plant next to a marijuana plant, you wouldn’t be able to tell them apart just by looking. Their leaves, stems, and flowers appear nearly identical. And the cannabinoids found in both plants interact with the body’s endocannabinoid system in the same way. Basically, a THC molecule from hemp is chemically identical to a THC molecule from marijuana.

The Core Difference Between Marijuana and Hemp

The key legal difference comes down to the concentration of Delta-9 THC in each plant. Under U.S. law, cannabis with 0.3% or less Delta-9 THC by dry weight is classified as hemp. Cannabis with more than 0.3% Delta-9 THC is classified as marijuana.

That 0.3% THC threshold is the legal line that separates the two. It determines how each plant is regulated, what products can be made from it, and where those products can be sold.

Feature	Hemp	Marijuana
Plant species	Cannabis sativa	Cannabis sativa
Delta-9 THC content	0.3% or less	Typically 5% to 30%
Federal legal status	Legal (2018 Farm Bill)	Illegal (Schedule I)
CBD content	Often high	Varies
Primary product uses	Edibles, drinks, fiber, textiles, wellness	Edibles, flower, concentrates
Where can you buy	Online and in most states	Licensed dispensaries and in legal states only

What Is Marijuana?

Marijuana is well-known around the world, but there’s still confusion about what it actually is compared to hemp.

Marijuana Explained in Simple Terms

As stated above, marijuana is a strain of cannabis that contains more than 0.3% Delta-9 THC by dry weight, often from 5% to 30% THC depending on the variety.

The plant is grown specifically to produce high levels of THC. Growers cultivate it for its cannabinoid-rich flowers, which are harvested, dried, and processed into a range of products, including gummies and drinks.

Marijuana plants come in different varieties, most commonly grouped as indica or sativa. Indica varieties tend to be more relaxing, while sativas are often described as more uplifting and energizing.

Common Uses of Marijuana

People use marijuana for a variety of reasons, including to relax, enhance creativity, improve sleep, or simply unwind with friends.

Popular marijuana products include:

• Flower: dried buds that can be smoked or vaporized
• Edibles: gummies, chocolates, baked goods, and more
• Beverages: THC-infused drinks and seltzers

How Marijuana Is Regulated

Marijuana remains a Schedule I controlled substance under federal law. This means it is federally illegal to grow, sell, possess, or transport across state lines, regardless of state-level legalization.

However, many states have passed their own laws allowing marijuana for recreational or medical use. In these states, marijuana is sold through licensed dispensaries and is subject to strict testing, labeling, and potency requirements.

Because of its federal status, marijuana products can’t be purchased online or shipped through USPS, UPS, or FedEx. You must purchase them only in states where marijuana has been legalized.

What Is Hemp?

Hemp has been cultivated for thousands of years, but its legal status in the U.S. was only recently clarified. Today, it’s the foundation for a growing industry of federally legal cannabis products.

Hemp Explained in Simple Terms

Hemp is cannabis that contains 0.3% or less Delta-9 THC by dry weight. This definition was established by the 2018 Farm Bill, which removed hemp from the Controlled Substances Act and reclassified it as a legal agricultural commodity.

While hemp plants naturally produce lower levels of THC, they often contain higher concentrations of CBD and other cannabinoids. This makes hemp an ideal source for a wide variety of consumer products.

Even though hemp contains low levels of THC at the plant level, it doesn’t mean hemp products can’t deliver noticeable effects. Companies extract and concentrate the legal amount of THC from large quantities of hemp into products such as your favorite gummies and drinks.

Common Uses of Hemp

Hemp is incredibly versatile. Beyond cannabinoid products, it has industrial and commercial applications that span numerous categories.

Here are some of the most common uses of hemp:

• Edibles and drinks: THC gummies, seltzers, cereal bars, and spirit alternatives
• Wellness products: CBD oils, powders, and more
• Textiles and clothing: Durable, breathable fabrics
• Paper and packaging: Sustainable alternatives to tree-based products
• Food products: Hemp seeds, hemp protein, and hemp milk
• Bioplastics and building materials: Eco-friendly alternatives like hempcrete, a concrete-like construction material

How Hemp Is Regulated

Under the 2018 Farm Bill, hemp and hemp-derived products are federally legal as long as they contain no more than 0.3% Delta-9 THC by dry weight. This federal status allows hemp products to be sold online and shipped across state lines.

That said, individual states can set their own rules. Some states follow the federal standard closely, while others impose additional restrictions on THC content, labeling, or sales.

Because hemp-derived products are federally legal, companies like Crescent Canna can ship gummies, drinks, and other cannabis products directly to your door.

Marijuana Versus Hemp THC Levels

THC content is the single most important factor distinguishing marijuana from hemp, and it affects the legality of every cannabis product.

Why THC Content Matters

THC – specifically Delta-9 tetrahydrocannabinol – is the primary compound in cannabis responsible for producing intoxicating effects. The more THC a plant contains, the more pronounced those effects tend to be.

From a legal standpoint, THC content determines whether a cannabis plant is classified as hemp or marijuana. That classification dictates how the plant can be grown, processed, sold, and shipped.

For consumers, THC content plays a role in choosing the right product. Someone looking for a mellow, low-dose experience may prefer a beverage with 5 mg of THC, while someone with more experience might opt for a high-potency 50 mg THC drink.

Typical THC Potencies

While the THC concentration in the raw plant differs, the THC content in finished products can be quite similar. That’s because companies extract and concentrate cannabinoids into precise doses, delivering consistent effects regardless of whether the THC came from hemp or marijuana.

Category	Typical THC Range
Hemp flower	0.3% or less Delta-9 THC
Marijuana flower	5% to 30% Delta-9 THC
Hemp-derived gummies	5 mg to 100 mg THC per piece
Marijuana-derived gummies	5 mg to 100 mg THC per piece
Hemp-derived THC drinks	5 mg to 50 mg THC per serving
Marijuana-derived THC drinks	5 mg to 50 mg THC per serving

Marijuana Versus Hemp in Products

When it comes to finished products, the distinction between marijuana and hemp affects what’s available, where you can get it, and how it’s labeled.

Edibles and Consumables

Both marijuana and hemp are used to make a wide range of edibles and drinkable products, including THC drinks, gummies, and chocolates.

Marijuana-based versus hemp-derived products

The practical difference between marijuana and hemp-derived products shows up in availability and convenience. Marijuana-derived edibles are only sold in dispensaries in states that have legalized marijuana. Hemp-derived products, on the other hand, can be ordered online and shipped to most states.

Crescent Canna offers a full lineup of hemp-derived products, including  Crescent 9 THC seltzers and Ellora THC-infused Spirit Alternative – all available to ship from coast to coast.

Labeling differences

Labels on hemp-derived products follow state-by-state labeling requirements, typically reference the 2018 Farm Bill, and include third-party lab results (certificates of analysis) confirming that THC content is within the legal limit. Marijuana products must comply with state-specific labeling requirements set by each state’s cannabis regulatory agency.

Both types should clearly show THC content per serving, total THC per package, and a full list of ingredients. Always look for companies with products that show transparent labeling and accessible lab reports.

Legal Differences Between Marijuana and Hemp

The legal landscape for cannabis can feel complicated, but the core framework is straightforward and depends on the percentage threshold.

Federal Definitions

After the 2018 Farm Bill, hemp is defined as cannabis containing 0.3% or less Delta-9 THC by dry weight and, therefore, classified as a legal agricultural commodity.

Marijuana (cannabis with more than 0.3% THC) remains a Schedule I controlled substance under the federal Controlled Substances Act. This federal distinction is the reason hemp-derived products can be sold online and shipped nationwide, while marijuana products are confined to state-licensed dispensaries.

State Variations

While federal law provides a baseline for the legality of hemp-derived products, states have the authority to create their own cannabis regulations. This results in a wide range of rules across the country.

• Permissive states generally follow the federal standard and allow the sale of hemp-derived THC products with minimal additional restrictions.
• Restrictive states impose tighter rules, such as potency caps or additional labeling requirements. Louisiana, for example, limits THC content in certain hemp products.
• Prohibitive states ban all forms of THC, only permitting CBD isolate products. Idaho is one example.

For marijuana, the landscape is similarly varied. As of 2025, a growing number of states allow recreational marijuana sales, while others permit only medical use or prohibit it entirely. Always check the current laws in your state before purchasing any cannabis product.

Common Misconceptions About Marijuana and Hemp

There’s plenty of misinformation about marijuana and hemp. Let’s clear up two of the most common myths.

Marijuana and Hemp Are Different Species

This is a very widespread misconception. Marijuana and hemp are both varieties of Cannabis sativa. They share the same genus and species, and many of the same genetic traits.

The distinction between hemp and marijuana is merely a legal one – they are the same plant. A cannabis plant is classified as hemp or marijuana based solely on its Delta-9 THC content. At or below 0.3%, it’s hemp. Above 0.3%, it’s marijuana.

Hemp Products Cannot Contain THC

Another common myth is that hemp products are completely THC-free. That’s not the case.

Hemp-derived products often do contain Delta-9 THC, and they’re federally legal as long as the THC concentration stays within the 0.3% limit by dry weight established by the Farm Bill. This means a hemp-derived gummy or drink can contain a meaningful amount of THC and still be perfectly legal.

For example, all of Crescent Canna’s products contain real Delta-9 THC extracted from hemp. They deliver the same effects you’d expect from a dispensary product, but they can be shipped directly to your home.

Frequently Asked Questions

Is hemp the same as CBD?

No, hemp is not the same as CBD. Hemp is a variety of the cannabis plant, while CBD (cannabidiol) is just one of many cannabinoids found in hemp. Hemp plants often contain high levels of CBD, which is why the two are frequently associated. But hemp also contains other cannabinoids, terpenes, and compounds beyond CBD.

Why do marijuana and hemp have different legal standing?

Marijuana is governed by stricter laws because it contains higher concentrations of Delta-9 THC – often 5% to 30%. The federal government classifies it as a Schedule I controlled substance, while hemp (with 0.3% or less THC) was removed from that classification by the 2018 Farm Bill. This legal distinction drives the regulatory differences.

Are marijuana and hemp grown differently?

Yes, marijuana and hemp are typically grown with different goals in mind. Marijuana is cultivated for its cannabinoid-rich flowers, with careful attention to maximizing THC production. Hemp, on the other hand, may be grown for its fiber, seeds, or cannabinoid content, depending on the intended use. Growing conditions and cultivation techniques differ accordingly.

Can consumers legally buy both?

Legally buying hemp or marijuana depends on where you live. Hemp-derived products, such as Crescent Canna’s gummies and drinks, are federally legal and available for purchase online in most states. Marijuana products are only legal in states that have legalized recreational or medical marijuana, and they must be purchased at licensed dispensaries. Always verify your state’s current laws before making a purchase.

Can hemp products make you fail a drug test?

Yes, hemp-derived THC products trigger a positive result on a standard drug test. These tests detect THC metabolites in your system regardless of whether the THC came from hemp or marijuana. If you’re subject to drug testing, take a break from THC-containing products,  even federally legal ones.

Can I order hemp-derived THC products online without a medical card?

Yes, unlike marijuana products, hemp-derived THC products don’t require a medical card, prescription, or dispensary visit. Because they’re federally legal under the 2018 Farm Bill, adults can purchase them directly from companies such as Crescent Canna and have them shipped to their door in most states. It’s as simple as placing any other online order.

Key Takeaways

• Marijuana and hemp are both varieties of the same species, Cannabis sativa, with different THC levels.
• The legal dividing line is 0.3% Delta-9 THC by dry weight. At or below that threshold, it’s defined as hemp. Above it, it’s defined as marijuana.
• Hemp is federally legal under the 2018 Farm Bill. Marijuana remains a Schedule I substance under federal law.
• Hemp-derived products can contain real Delta-9 THC and deliver noticeable effects while staying within legal limits.
• Marijuana products are sold only through licensed dispensaries in states where it’s been legalized.
• Hemp-derived THC products (like all Crescent Canna’s gummies, drinks, and edibles) can be purchased online and shipped to most states.
• Always check your state’s current laws, as regulations vary and change frequently.