"Hemp" and "marijuana" are the same plant species — Cannabis sativa — distinguished only by a number on a lab report.
The legal line
Under the 2018 federal Farm Bill, cannabis containing no more than 0.3% Delta-9 THC by dry weight is classified as hemp. Anything over that threshold is federally classified as marijuana and remains a Schedule I controlled substance under federal law.
That 0.3% number is the entire legal distinction. The plants look the same, smell the same, and share most of the same chemistry — but the legal regime that applies to them couldn't be more different.
What this means in practice
Hemp:
- Federally legal when grown under a USDA or state-approved program.
- Can be sold across state lines (subject to each state's own rules).
- Tested at harvest to confirm Delta-9 stays under 0.3%.
- Includes most CBD products, THCa flower, Delta-8 products, and hemp-derived Delta-9 edibles.
Marijuana:
- Federally illegal; legal only in states that have established adult-use or medical programs.
- Subject to state-licensed dispensary systems where legal.
- Not sold across state lines, even between two adult-use states.
Why this matters for shoppers
Hemp products you buy from a licensed retailer like Canna Clouds carry a paper trail — COAs, batch numbers, supplier records — that prove they sit on the right side of that 0.3% line. That paper trail is what lets the product exist legally on a shelf in Texas.
State-level variation
Federal law sets the floor. States can — and do — go further. Some states restrict specific cannabinoids (Delta-8, certain hemp-derived THC products) even when federally compliant. Texas has its own hemp regulations administered by the Department of State Health Services. Before ordering or traveling, check the rules where you'll be using the product.
One more note
Hemp and marijuana use the same drug-test indicators. From a workplace screen's point of view, the plant is just cannabis. See our drug test warning for what to expect.