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A federal ban on intoxicating hemp products (THCA flower, vapes, gummies) takes effect December 11, 2026. Delta-8, delta-10, HHC and THC-O lose hemp status earlier, on November 12, 2026. What it means →

THCAVERDICT

Glossary · Legality

Hemp vs Marijuana (Legal Terms)

Hemp and marijuana are both Cannabis sativa; the difference is purely legal. Under federal law, cannabis at or under 0.3% Δ9 THC dry weight is hemp; over it is marijuana, a controlled substance. Nothing about the plant’s appearance, smell, or effect when heated respects that line — which is precisely the tension THCA flower lives in, and one practical reason buyers keep COAs with their orders. The vocabulary matters when reading law and news: a “hemp-derived” product claim is a statement about the source plant’s Δ9 test, not a statement about what the product does.

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