Marijuana CBD vs. Hemp CBD: What's The Difference?

This article was originally published on Hoban Law Group, and appears here with permission.

Cannabidiol (or “CBD” for short) has gained immense popularity on the market in the U.S. and beyond over the last several years. CBD is just one of the many naturally-occurring phytocannabinoids found in the plant. Unlike THC (tetrahydrocannabinol), which is typically associated with causing a “high” in its users, CBD is non-psychoactive, which means the compound does not typically cause a high or euphoric effect in the user when consumed.

CBD in Both Marijuana and Hemp

Generally speaking, CBD can be found in both marijuana and hemp. Marijuana and hemp are both considered “” under the law, but prior to Congress passing the Agricultural Improvement Act of 2018 (the “2018 Farm Bill”), which builds upon the Agricultural Act of 2014 (the “2014 Farm Bill”), the law did not distinguish between “marijuana” and “hemp.” Before this distinction was made, cannabis referred to both marijuana and hemp without any differentiation between the two.

Now, however, federal law expressly excludes “hemp” from the definition of “marijuana,” which means that with a THC concentration that does not exceed 0.3% is no longer viewed as “marijuana” under federal law. Instead, this class of cannabis is recognized as “hemp.”

The Difference Between Hemp CBD and Marijuana CBD

Accordingly, the difference between hemp CBD and marijuana CBD is dependent upon the levels of THC in the plant from which the CBD is derived. So, if the CBD is derived from cannabis with a concentration of 0.3% THC or …

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