FDA
fda.gov › news-events › public-health-focus › fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD) | FDA
These changes include removing hemp from the CSA, which means that cannabis plants and derivatives that contain no more than 0.3 percent THC on a dry weight basis are no longer controlled substances under federal law.
Congress.gov
congress.gov › crs-product › R48637
The 2018 Farm Bill’s Hemp Definition and Legal Challenges to State Laws Restricting Certain THC Products | Congress.gov | Library of Congress
After passage of the 2018 farm bill, hemp is no longer a controlled substance under the CSA. The 2018 farm bill defines hemp as any part of the cannabis plant or its derivatives containing no more than 0.3% delta-9 tetrahydrocannabinol (delta-9 ...
FDA
fda.gov › news-events › public-health-focus › fda-and-cannabis-research-and-drug-approval-process
FDA and Cannabis: Research and Drug Approval Process | FDA
However, in December 2018, the Agriculture Improvement Act of 2018 (also known as the Farm Bill) removed hemp, a type of cannabis that is very low in THC (cannabis or cannabis derivatives containing no more than 0.3% THC on a dry weight basis), ...
Why is hemp legally limited to 0.3% THC, and is this standard still relevant today?
The 0.3% THC limit for hemp was established in the 2018 Farm Bill to legally distinguish hemp from marijuana. This threshold, based more on historical precedent than contemporary science, aimed to support industrial hemp cultivation while ensuring that hemp products wouldn't have intoxicating effects.
Now, some experts are reconsidering whether this limit reflects modern scientific insights into THC's effects. Despite these discussions, the 0.3% threshold remains the federal benchmark in the United States for defining and regulating hemp.
dietsmoke.com
dietsmoke.com › blogs › news › what-0-3-thc-means-for-hemp-products
What 0.3% THC Means for Hemp Products – Diet Smoke
How do hemp producers ensure their products meet the 0.3% THC limit, and what happens if they don’t?
To meet the strict 0.3% THC limit, hemp producers need to carry out routine THC testing during the growing process, with a particular focus on the period before harvest. These tests are usually conducted by certified labs to verify that THC levels remain within the legal boundaries. Additionally, producers must adhere to detailed USDA guidelines for sampling and testing to ensure they stay compliant.
Exceeding the 0.3% THC threshold can lead to serious repercussions. Non-compliant crops may need to be destroyed, hemp certification can be revoked, and there’s even the risk of legal penalties. Keeping THC levels within the legal range is crucial - not just for maintaining federal hemp status but also for ensuring the product can be sold in the market.
dietsmoke.com
dietsmoke.com › blogs › news › what-0-3-thc-means-for-hemp-products
What 0.3% THC Means for Hemp Products – Diet Smoke
How do federal and state laws differ on THC limits in hemp products, and what should consumers know?
Hemp and THC: Navigating U.S. Federal and State Laws
In the United States, federal law sets a clear limit for hemp products: they must contain no more than 0.3% THC by dry weight to be considered legal. Anything exceeding this limit is classified as marijuana, which remains illegal at the federal level.
However, state laws don't always align with federal guidelines. Some states permit hemp-derived products with higher THC levels or specific serving restrictions, while others enforce stricter regulations or even prohibit these products entirely.
If you're considering purchasing or using hemp products with THC, it's essential to check your state’s specific laws. What might be perfectly legal in one state could land you in trouble in another. Staying informed about local regulations is key to avoiding legal complications.
dietsmoke.com
dietsmoke.com › blogs › news › what-0-3-thc-means-for-hemp-products
What 0.3% THC Means for Hemp Products – Diet Smoke
LOST BRANDS
lost-thc.com › blogs › news › is-thca-legal-your-state-by-state-guide-for-2025
Is THCa Legal? Your State-by-State Guide for 2025 – LOST BRANDS
October 20, 2025 - This legislation specifically defined ... growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis"....
Diet Smoke
dietsmoke.com › blogs › news › what-0-3-thc-means-for-hemp-products
What 0.3% THC Means for Hemp Products – Diet Smoke
June 26, 2025 - Under the bill, hemp was defined ... Controlled Substances Act. As hemp expert John Hudak noted, "Hemp is legal in the United States - with serious restrictions"....
National Institute of Justice
nij.ojp.gov › topics › articles › study-reveals-inaccurate-labeling-marijuana-hemp
Study Reveals Inaccurate Labeling of Marijuana as Hemp | National Institute of Justice
According to the new federal statute, cannabis containing 0.3 percent or less of THC is hemp, and cannabis containing more than 0.3 percent of THC is marijuana.[2] This action legally declassified hemp as a Schedule I drug substance.
Texas State Law Library
guides.sll.texas.gov › cannabis › cbd
CBD, CHPs, & Delta-8 - Cannabis & the Law - Guides at Texas State Law Library
Popularly known as the "2018 Farm ... defines "hemp" as cannabis with a THC concentration of less than 0.3% by dry weight and removes it from the federal controlled substances schedules....
FDA
fda.gov › drugs › cder-small-business-industry-assistance-sbia › fda-regulation-and-quality-considerations-cannabis-and-cannabis-derived-compounds
FDA Regulation and Quality Considerations for Cannabis and Cannabis-Derived Compounds | FDA
Hemp is a legal term defined by the 2018 Agricultural Improvement Act (Farm Bill) and is generally defined as Cannabis sativa L. and any part of the plant with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.
Congress.gov
congress.gov › crs_external_products › LSB › HTML › LSB10482.web.html
Congress
Federal law defines hemp as the cannabis plant or any part of that plant with a THC concentration of no more than 0.3%. Cannabis that contains such low levels of THC is not psychoactive and does not produce the "high" associated with marijuana.
Harris Sliwoski
harris-sliwoski.com › home › canna law blog › notes on the federal prohibition of intoxicating hemp
Notes on the Federal Prohibition of Intoxicating Hemp - Canna Law Blog™
3 weeks ago - Section 781 now provides that hemp is “the plant Cannabis sativa L. and any part of that plant… with a total tetrahydrocannabinols concentration (including THCA) of not more than 0.3% on a dry weight basis.” The term “hemp” also includes ...
Labstat
labstat.com › home › 5-minute guide to u.s. cannabis & hemp regulatory facts for manufacturers
Guide to U.S. Cannabis & Hemp Regulations | Labstat
June 26, 2025 - Marijuana: Cannabis with THC content above 0.3%. Hemp: Cannabis with THC content less than 0.3%. Industrial Hemp: Hemp grown for fiber; non-food uses only. Cannabinoids: Related compounds (100+) in the cannabis plant, including CBD and THC; ...
CannaMD
cannamd.com › what does the hemp thc ban actually say?
What Does the Hemp THC Ban ACTUALLY Say?
1 month ago - Specifically, the Bill permitted hemp to contain “the plant Cannabis sativa with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis”.
Montana Department of Revenue
revenue.mt.gov › files › Cannabis › Cannabinoid-Hemp-Regulatory-Challenges-Long-Version.pdf pdf
AN Overview of Regulatory Challenges for Cannabinoid Hemp
The term “hemp” means the plant ... acids, salts, and salts of isomers, whether growing or · not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis....
Vicente LLP
vicentellp.com › insights › 2025-federal-hemp-reclassification-congress-moves-to-redefine-hemp-and-ban-most-hemp-derived-thc-products
2025 Federal Hemp Reclassification: Congress Moves to Redefine “Hemp” and Ban Most Hemp-Derived THC Products | Vicente LLP
November 13, 2025 - Lawful hemp is defined by the inclusion of not more than 0.3 percent Total THC on a dry weight basis, inclusive of THCA and any other cannabinoids that have similar effects as THC (to be designated by the HHS Secretary), for example, delta-8 THC.
Perkins Coie
perkinscoie.com › insights › update › shutdown-legislation-brings-new-hemp-rules
Shutdown Legislation Brings New Hemp Rules | Perkins Coie
The 2018 Farm Bill defined “hemp” as the plant Cannabis sativa L. and any part of the plant with a delta-9 tetrahydrocannabinol (Delta-9 THC) concentration of not more than 0.3% by dry weight.
California Blendz
californiablendz.com › home › informational › understanding hemp flower legality: a comprehensive guide
Understanding Hemp Flower Legality: A Comprehensive Guide – California Blendz
September 15, 2025 - Federal law establishes a fundamental framework for hemp flower regulations through the 2018 Farm Bill, which defines legal hemp as cannabis containing less than 0.3% THC by dry weight.
Arnold & Porter
arnoldporter.com › en › perspectives › advisories › 2025 › 12 › major-changes-to-federal-regulation-of-hemp-derived-products
Continuing Resolution Introduces Major Changes to Federal Regulation of Hemp-Derived Products | Advisories | Arnold & Porter
As we have previously written, ... sativa L. and any part of that plant … with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.” The law also amended the definition of ...
FDA
fda.gov › media › 128156 › download pdf
FDA Role in Regulation of Cannabis Products NIDA February 2019
– Hemp is defined as cannabis (Cannabis stativa L), and · derivatives of cannabis, with extremely low (not more than · 0.3 percent on a dry weight basis) concentrations of THC · • Removed hemp from the definition of marijuana in the · Controlled Substances Act (CSA) • Marijuana is ...
DLA Piper
dlapiper.com › en-us › insights › publications › 2025 › 11 › new-federal-restrictions-on-hemp-and-hemp-derived-products
New federal restrictions on hemp and hemp-derived products: Top points | DLA Piper
Establishing a limit of 0.4 milligrams of total THC (including THCA) per container in a final hemp-derived product · The hemp amendment provides new definitions for certain terms, creates new restrictions on the sale of hemp, and requires the Food and Drug Administration (FDA) to promulgate new guidance. These changes are identified below. ... “Hemp” is redefined as Cannabis sativa L.
NatLawReview
natlawreview.com › article › federal-redefinition-hemp-impacts-uncertainty-and-next-steps-businesses
Revisions to 2018 Farm Bill Hemp Definitions
The revisions did not change the ... include: (1) viable seeds from Cannabis sativa L. plants that exceed total THC concentrations of 0.3% in the plant on a dry weight basis;...