opinion

Examining the Difference Between Industrial Hemp, Marijuana

Examining the Difference Between Industrial Hemp, Marijuana

How different are hemp and marijuana? This is a very common question and is often widely misunderstood. Further, people, with good reason, are curious if Cannabidiol (CBD) derived from these two species of plants is in fact different.

The short answer is hemp and marijuana are both classified as subspecies of the plant species Cannabis sativa L. in the Integrated Taxonomic Information System (ITIS — an authoritative taxonomic database of plants, animals and fungi). CBD derived from hemp or marijuana are one in the same compound with the only real difference being the other plant compounds that may be present with the CBD.

It is generally accepted that Cannabis sativa L. (the parent species to hemp and marijuana) has been bred to exhibit specific attributes that humans have benefited from for over 10,000 years. These tall, stalky plants are very low in THC but can have high CBD content and have many industrial applications such as rope, textiles, paper, biofuel and more. And this is what leads this subspecies to be known as “industrial hemp.”

Humans were also quite proficient in breeding a different subspecies that had sticky, resin-filled flowers (for the female plants, anyway). These plants were progressively bred for more of the THC-heavy resin and the psychoactive properties. These plants generally have high THC and low CBD content. This subspecies became known as “marijuana.”

Cannabis prohibition has been in place since 1937 in the U.S. with the passage of the Marijuana Tax Act.

Fast-forward to 2014 and the passage of the Agricultural Act of 2014, which allowed states to set laws for cultivating industrial hemp. This resulted in the need to distinguish the difference between the illegal version of cannabis — marijuana — that can get you “high” and the industrial variant, hemp that has a myriad of other useful applications. Forced to define the difference, the U.S. Department of Agriculture referenced a publication from 1976 by Dr. Ernest Small, “A Practical and Natural Taxonomy for Cannabis.” Dr. Small defined the dividing line between industrial hemp and marijuana at 0.3 percent THC — plants with less than 0.3 percent were hemp, plants with more were marijuana.

In December of 2018, the Agricultural Improvement Act of 2018 was passed, removing industrial hemp from Schedule 1 status under the Controlled Substances Act. This set the stage for a CBD product explosion on the market. Industrial hemp was now legal to grow as of 2014 and its oversight shifted from the DEA to FDA in 2018. It is important to note that the 2018 Farm Bill didn’t reschedule CBD, a common misconception The Farm Bill rescheduled hemp and any of its derivatives. This made CBD from industrial hemp legal but not CBD from marijuana — an important distinction.

Fast-forward again to 2020 when many states have recreational marijuana laws and industrial hemp is widely grown and available. What does that mean for CBD, which can still be derived from marijuana and industrial hemp?

CBD derived from a marijuana plant is still a federally regulated substance because these plants have greater than 0.3 percent THC. Regardless of the compounds — like CBD, which can be obtained from the plant, the result is a federally controlled substance. In states that have medical or recreational marijuana laws, CBD derived from marijuana is still subject to restrictions that limit its distribution through dispensaries along with THC products.

CBD derived from industrial hemp is legal to possess and distribute since the plant that it was sourced from is federally legal per 2018 laws. The only restrictions that may exist are at the state level: Idaho, Nebraska and South Dakota do not permit CBD in any form to be sold within their borders.

There are still some important limitations on industrial hemp-derived CBD since the FDA has oversight in this area. Their official position is that CBD is not to be consumed orally by humans or animals. It can be applied topically, however. This has opened the door to a wide variety of products including moisturizers, salves, balms, bath bombs, soaps and lubricants to name a few.

The CBD derived from any species of Cannabis sativa L. plant is all the same. Extracting compounds from a cannabis plant will yield a variety of compounds, even hundreds if done carefully. This myriad of compounds includes terpenes, flavonoids and cannabinoids (CBD, THC and others). With a little refinement you will have a rich, earthy oil that is commonly marketed as “full-spectrum oil.” Refining that full-spectrum extract further will increase the concentration of cannabinoids like CBD but at the expense of losing some of the more volatile compounds like terpenes. This is commonly marketed as “broad spectrum oil.” Refining even further will give yield to isolated cannabinoids like CBD. This ultra-pure format is called “Isolate.”

The key takeaway here is that only CBD that is legal to sell in 47 states and in stores without any special permitting is derived from industrial hemp and put into non-consumable products. Note: This information is for educational purposes only and does not constitute legal advice.

John Renko is a CBD scientist, educator and co-founder of Go Love CBD Lube.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

Electric Novelties Execs Reflect on Company Origins, Mission

When Zach Goode first crossed paths with Electric Novelties over 20 years ago, both he and the company were deeply entrenched in the apparel world. Goode was handling sales for a friend’s novelty T-shirt company, Sik World, while Electric specialized in sexy lingerie and clubwear.

Ariana Rodriguez ·
profile

Sensual Distributors Ltd. Blends Real-Life Love Story, Passion for Pleasure Biz

This local brick-and-mortar is a “mom and mom” operation led by co-owners Alana Thompson and Angini Singh, a lesbian couple who overcame their country’s strict, religious culture to create a sexual wellness boutique that serves their unique community.

Colleen Godin ·
opinion

How History Drives Marketing Strategies Today

Thanks to the efforts of activists, sex educators and members of marginalized communities, products like sex toys, lubricants and adult films have become much less stigmatized, and much more visible and accepted in the public sphere today.

Hail Groo ·
opinion

BAFTA Nominations Highlights Importance of Gender-Neutrality

While the Brit Awards have paved the way for gender inclusivity by introducing gender-neutral award categories, it has recently been confirmed that the British Academy of Film and Television Arts (BAFTA) awards will not follow suit.

Scarlett Ward ·
opinion

How to Explain Wax Play to Shoppers

When it comes to candles in the bedroom, most folks think of them as a great way to create a sexy ambiance. For folks who enjoy wax play, however, candles are also a kinky way to heat things up. While it may sound daunting to the uninitiated — because, you know, fire and hot dripping wax — wax play can be a fun and accessible sensation-play option, as well as an excellent intro to BDSM.

Rebecca Weinberg ·
trends

An Inside Look at the Decision-Making Process of Expert Merchandisers

Buyers in the sexual wellness industry bear a weighty responsibility. They must strike the perfect balance between meeting customers’ demonstrated needs with tried-and-true products, and staying on top of the latest trends — and that is only scratching the surface.

profile

WIA Profile: Catherine Corsaro

As director of product training and information for JO parent company CC Wellness, Corsaro oversees all sexual health and product education from the company’s Valencia, California headquarters, including training new reps who may have never touched a bottle of lube until their first day on the job.

Women In Adult ·
profile

Novum Veteran Executive Team Leverages Expertise to Grow Brand

Novum Brands may be relatively new on the sex toy scene, but there’s nothing green about George Gatziaris and Vadim Daysudov, who together founded, own and helm the business.

Colleen Godin ·
opinion

Al and Michele Harrington Discuss Vision for Pleasure Brand Love Verb

Former NBA player Al Harrington has matched his success on the hardwood with equally impressive accomplishments in the business world, including creating cannabis company Viola. Now, Harrington and his wife, Michele, have expanded their business portfolio with Love Verb, a venture aimed at enhancing couples’ intimacy through a variety of pleasure products.

Quinton Bellamie ·
opinion

A Look at the Benefits of AI for Optimizing Retail Operations

In the ever-evolving landscape of retail tech, staying ahead of the curve is not just advantageous — it’s mandatory for survival. Currently, small-to-midsize retailers face an unprecedented opportunity to leverage artificial intelligence (AI) features to gain an advantage, enhance employee productivity and optimize operations.

Sean Quinn ·
Show More