Hemp’s classification often causes confusion. The answer is not straightforward, depending on legal definitions or scientific understandings of substance interaction. Understanding the distinctions requires examining its chemical makeup, how laws have categorized it, and its effects on drug screenings.
The Defining Chemical Distinction
Hemp and marijuana both originate from the Cannabis sativa plant species, yet they are distinct varieties differentiated by their chemical profiles. The primary compound responsible for the intoxicating effects associated with cannabis is delta-9-tetrahydrocannabinol, commonly known as THC. Marijuana varieties typically contain higher concentrations of this psychoactive cannabinoid, often ranging from 10% to 30% or more by dry weight.
In contrast, hemp is specifically defined by its very low THC content. To be legally classified as hemp, the plant must contain no more than 0.3% delta-9 THC on a dry weight basis. This minimal amount is insufficient to produce any intoxicating effects, meaning hemp cannot induce the “high” associated with marijuana. Hemp varieties are often cultivated to contain higher levels of cannabidiol (CBD), a different cannabinoid that does not have psychoactive properties.
CBD is a cannabinoid found in the cannabis plant that interacts with the body’s systems. Unlike THC, CBD is not intoxicating. While both hemp and marijuana contain various cannabinoids, their differing concentrations of THC and CBD primarily distinguish them, both scientifically and legally.
Hemp’s Legal Classification
The legal standing of hemp underwent a significant transformation with the passage of the Agriculture Improvement Act of 2018, the 2018 Farm Bill. This landmark federal legislation removed hemp from the definition of “marijuana” under the Controlled Substances Act. By doing so, the bill reclassified hemp as an ordinary agricultural commodity, distinguishing it from other cannabis varieties that remain federally controlled substances.
This federal reclassification allows for the cultivation, processing, and sale of hemp and hemp-derived products, provided they adhere to the 0.3% THC limit. While the 2018 Farm Bill established federal legality, it also granted states the authority to regulate hemp production and sales within their borders, leading to some variations in state-specific laws. Despite these state differences, the federal distinction means that hemp is no longer treated as an illicit drug at the national level, unlike marijuana, which continues to be categorized as a Schedule I controlled substance with a high potential for misuse.
Potential for a Positive Drug Test
Despite its legal status and low THC content, consuming hemp products can sometimes lead to a positive result on a drug test for THC. Standard drug screenings look for metabolites of THC, not CBD itself. Since hemp is permitted to contain up to 0.3% THC, trace amounts of this compound are present in many hemp-derived products, especially those labeled as “full-spectrum.”
Regular or heavy consumption of full-spectrum CBD products can cause these trace amounts of THC to accumulate in the body over time, reaching detectable levels that trigger a positive test result. Another contributing factor is the variability in product quality and labeling within the largely unregulated hemp market. Some products may contain higher THC concentrations than stated on their labels due to manufacturing inconsistencies or mislabeling. Products like “CBD isolate” and “broad-spectrum” are processed to remove THC, reducing the risk of a positive test.
Revisiting the Definition of a Drug
From a legal and recreational perspective, hemp is not considered a drug because it lacks the psychoactive properties that define substances like marijuana. Its federal reclassification as an agricultural commodity further supports this distinction, removing it from the controlled substances list. This legal framework focuses on the intoxicating potential, or lack thereof, of the plant.
However, from a broader pharmacological viewpoint, a “drug” is any substance that, when administered to a living organism, produces a biological effect. This definition includes compounds that alter the body’s structure or function, regardless of whether they are intoxicating or illegal. Because cannabinoids found in hemp, such as CBD, interact with the body’s endocannabinoid system and can influence various physiological processes, they fit this scientific understanding of a drug. Therefore, while hemp is not considered a drug in the common recreational or legal sense, its active compounds do exert physiological effects, placing it within a broader pharmacological definition.