Understanding cannabis laws in the US can be a confusing maze that may be difficult to navigate. While the two plants look and smell very similar, the biggest distinction is not in the plants themselves, but in the laws governing the growing, sale, and usage of cannabis.
In order to get a comprehensive understanding of the broad picture, we must first look at the term cannabis and how it applies to marijuana and hemp. Only then can we begin looking at the laws and differences between the two classifications of cannabis plants.
What do you think of when you hear the word ‘cannabis’? According to the National Center for Complementary and Integrative Health, “cannabis” refers to all products derived from the plant Cannabis sativa. In layman’s terms, both marijuana and hemp fall under the classification of cannabis.
The easiest way to look at the Cannabis family is by their family tree. While all cannabis sativa plants are part of the same “family”, they branch off into the two main categories by which we know them today, hemp and marijuana. From there, different strains can be found, including hybrids.
Under US federal law, hemp is classified as a cannabis plant with .03% or less Delta 9 THC by dry weight. The 2018 Farm Bill outlined the legal definition of hemp, creating a legal separation from its more THC potent cousin, Marijuana. The bill also established guidelines for states to build on when developing their own hemp laws and programs.
It is important to note that hemp laws are not lateral across all 50 US states. For example, hemp is legal in Indiana as long as products do not exceed the .3% THC threshold. On the other hand, Tennessee allows CBD products up to .9% THC, but only for those with a medical cannabis card for a condition based on restrictive criteria.
It is also important to note that laws and regulations surrounding hemp change periodically. At the time of this writing, discussions for the 2023 Farm Bill are underway. For more specific information regarding hemp laws in your area, please contact the governing department that oversees the hemp program for your state.
Marijuana goes by a lot of names; Mary Jane, the Devil’s Lettuce, Gateway drug…the list goes on and on. Chances are if you have sat through some kind of educational program on the dangers of drugs, then you have probably heard Marijuana called one of these names.
However, Marijuana was not the original name for the plant we have come to know. Traditionally, Marijuana was called cannabis, hashish, and Indian hemp. Marijuana was a term that came into play for political reasons during the early 1900s. The term was used to fuel racial tensions in the US, creating a legal divide that has only just recently begun to be mended.
When it comes to hemp and marijuana, the biggest physical difference between the two is at a cellular level. The overwhelming primary defining feature is the THC potency. This divide has been widened by decades of genetic selection and breeding to create strains designed for different purposes. However, this divide has only been widened by legal jargon and regulation.
Understanding the legal divide between hemp and marijuana can be an extensive and complicated topic. The road to cannabis legalization has been a very difficult one, riddled with stereotypes and misinformation. Even today, the forks in the preverbal road are
In the simplest of terms, hemp and marijuana are the same plant. The legal divide between the two is commonly attributed to the Marihuana Tax Act of 1937 and the negative propaganda pushed by Harry Anslinger, the Commissioner of Narcotics during the time. Anslinger was once quoted as saying, “Most marijuana smokers are Negroes, Hispanics, jazz musicians, and entertainers. Their satanic music is driven by marijuana, and marijuana smoking by white women makes them want to seek sexual relations with Negroes, entertainers, and others. It is a drug that causes insanity, criminality, and death — the most violence-causing drug in the history of mankind.”
This propaganda created the foundation for decades of misinformation, racism, and societal imbalance. It was around this time that the term marijuana was introduced as a way to more closely associate the plant with Hispanic populations, furthering racial tensions. The Marihuana Tax Act of 1937 was the first domino to fall in what would later be known as the War on Drugs, leading to bill after bill of anti-cannabis legislation that incarcerated millions.
The anti-cannabis movement rallied with new fervor with the War on Drugs beginning in June of 1971. Richard Nixon launched the campaign, along with a new government agency. The Drug Enforcement Administration was created to deal with “public enemy number one”.
When Ronald Regan took office in the early 80s, his policies expanded on the War on Drugs fear campaign. First Lady Nancy Regan helped further the administration’s efforts with her “Just Say No” campaign. This joint campaign reinforced negative stereotypes and influenced policy regarding cannabis and those affiliated with the plant.
Legal policy surrounding cannabis did not begin to change until 1996 when California passed legislation legalizing cannabis. However, it was not until the early 2000s that the nation as a whole began to have earnest discussions about the legality of cannabis. In January 2014, Colorado’s decision to legalize cannabis led the country into a national debate, setting the stage for other states to follow.
In 2018, President Trump signed an updated Farm Bill, commonly known as the 2018 Farm Bill, into law. This bill created federal guidelines and a legal distinction between marijuana and hemp. At the time of this writing, a cannabis plant is considered hemp if it tests under the .3% THC threshold per federal regulation.
As it stands, the Farm Bill is due to be updated every 5 years, with 2023 being the next year to have new changes implemented. The hemp industry can expect updated regulations in the 2023 Farm Bill. These updates are expected to include new regulations surrounding Delta THC products derived from hemp and the possibility of increasing the THC threshold.
At the end of the day, the biggest distinction between hemp and marijuana is the legal jargon that regulates the two industries. Both fall under the umbrella classification of cannabis. This legal divide has been nearly a century in the making, fueled by misinformation, scare tactics, and propaganda. However, current research has helped and continues to help expel the misinformation and promote accurate information where this incredible plant is concerned.
Works Cited
Liberty-Tree.ca. “Harry J. Anslinger Quotes/Quotations from Liberty Quotes.” Liberty-Tree.ca, 2005, http://quotes.liberty-tree.ca/quotes_by/harry+j.+anslinger. Accessed 4 June 2023.
National Center for Complementary and Integrative Health. “Cannabis (Marijuana) and Cannabinoids: What You Need To Know.” National Center for Complementary and Integrative Health, 2019, https://www.nccih.nih.gov/health/cannabis-marijuana-and-cannabinoids-what-you-need-to-know. Accessed 3 June 2023.
Norton, Jerry. “War on Drugs | History & Mass Incarceration.” Encyclopedia Britannica, 16 May 2023, https://www.britannica.com/topic/war-on-drugs. Accessed 6 June 2023.
World Population Review. “CBD Legal States [Updated February 2023].” World Population Review, Feb 2023, https://worldpopulationreview.com/state-rankings/cbd-legal-states. Accessed 3 June 2023.
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