Is THC Legal? Understanding the Law on Hemp-Derived Products
Key Takeaways:
- Hemp-derived products containing ≤0.3% Delta-9 THC by dry weight are federally permitted under the 2018 Farm Bill. However, the FDA has not approved THC for use in food or dietary supplements.
- The 2018 Farm Bill redefined hemp, removing it from the Controlled Substances Act.
- The key distinction lies between hemp (legal) and marijuana (federally illegal), based solely on THC concentration.
- Always verify legality by checking for “hemp-derived” on labels and reviewing third-party lab Certificates of Analysis (COAs).
- Choose reputable and transparent brands to help make sure product compliance and quality.
The Law That Changed Everything: The 2018 Farm Bill
To understand the legal status of THC in the United States, it is essential to examine the landmark 2018 Farm Bill. This critical piece of legislation fundamentally altered the legal landscape for hemp and its derivatives, including certain THC products.
What the 2018 Farm Bill Did
The 2018 Farm Bill, officially known as the Agricultural Improvement Act of 2018, removed hemp from the definition of marijuana under the Controlled Substances Act. This action effectively legalized the cultivation, processing, and sale of hemp and its derivatives at the federal level. This legislative change allowed for the development of an industry focused on hemp-derived cannabinoids.
The Legal Definition of Hemp
Under the 2018 Farm Bill, hemp is precisely defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, 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.” This specific numerical threshold is the foundation of federal legality for hemp-derived products.
Hemp vs. Marijuana: The Critical Legal Difference
At the federal level, the legality of a THC product primarily hinges on its source plant and Delta-9 THC concentration, distinguishing hemp from marijuana. Understanding the distinction between hemp and marijuana is paramount for consumers seeking legal THC products.
| Feature | Legal Hemp | Illegal Marijuana |
|---|---|---|
| THC Concentration | ≤0.3% by dry weight | >0.3% by dry weight |
| Federal Status | Legal to Grow and Sell | Federally Controlled Substance |
| Governed By | U.S. Department of Agriculture (USDA) | Drug Enforcement Administration (DEA) |
As demonstrated in the table, hemp-derived products containing no more than 0.3% Delta-9 THC by dry weight are federally permitted in the United States under the 2018 Farm Bill. This distinction has facilitated the growth of the hemp-derived cannabinoid market.
How to Make Sure You Are Buying Legal THC Products
Navigating the cannabinoid market requires an understanding of how to identify legally compliant products. Consumers can take several actionable steps to verify the legality and content of THC products.
Look for “Hemp-Derived” on the Label
Reputable companies prioritize transparency and will clearly indicate that their products are derived from hemp. This labeling helps confirm the product’s alignment with the legal framework established by the 2018 Farm Bill. If a product does not specify its hemp origin, proceed with caution.
Verify the COA from a Third-Party Lab
The Certificate of Analysis (COA) from a third-party laboratory is the most critical document for consumers. This report independently verifies the cannabinoid profile, including the Delta-9 THC concentration, of a specific product batch.
The COA provides verifiable data on the product’s cannabinoid profile, including its Delta-9 THC concentration, demonstrating if it meets the 0.3% federal threshold for hemp. Always make sure the COA is recent and corresponds to the product batch you are purchasing.
Buy from a Reputable, Transparent Brand
Choosing brands that are transparent about their sourcing, manufacturing processes, and third-party testing is crucial. A brand’s commitment to compliance is reflected in its willingness to provide detailed product information and accessible COAs. This approach helps consumers avoid non-compliant or mislabeled products.
This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
