Definition & Legalization
Under federal law, hemp is defined as Cannabis sativa L. that contains no more than 0.3 percent Delta-9 THC by dry weight. Any plant exceeding this threshold is considered marijuana and is not protected under hemp-specific laws.
USDA Hemp Production Program
The U.S. Department of Agriculture (USDA) oversees a national hemp program. States and tribal governments can manage their own regulatory systems if they submit a USDA-approved plan.
To legally grow hemp, producers must obtain a license from the USDA or their local state or tribal authority. They must also maintain records of planting locations, submit to THC testing by a registered laboratory, and properly dispose of crops that exceed the legal THC threshold.
A crop that tests between 0.3 and 1 percent THC is usually classified as a negligent violation and must be remediated or destroyed. Crops that test over 1 percent may trigger enforcement actions and penalties. Applicants with recent felony drug convictions are typically ineligible for licensure.
Interstate Commerce
Hemp and hemp-derived products that are legally grown and processed can be transported across state lines, even if the product passes through a state that does not allow hemp cultivation.
State and Tribal Rules
States and tribal authorities are allowed to create their own hemp programs, which may be more restrictive than federal rules. Some states limit the types of hemp-derived products that can be sold or impose additional requirements on growers and processors.
The Food and Drug Administration (FDA) regulates hemp when it is used in foods, supplements, or health-related products. While some hemp components, like seeds and oil, are permitted in food products, hemp-derived cannabinoids such as CBD are generally not allowed in over-the-counter food and supplements without specific FDA approval.
Industry Considerations and Ongoing IssuesFarmers face risks when hemp crops unintentionally exceed THC limits due to growing conditions or seed genetics. There is growing support for raising the allowable THC threshold to reduce crop loss.
Another emerging concern involves intoxicating hemp derivatives such as Delta-8 and Delta-10 THC. These products are legal in some jurisdictions but may be banned or restricted under upcoming federal or state regulations.