Hemp has a long and winding history in the United States. Hemp’s taxonomy and botanical classification are still under much discussion, and investigation continues into the similarities and differences between the plant we call hemp and the one we’ve labeled marijuana. However, most commonly the distinction between comes down to legal definitions, which can vary based on where you live.

For example, the Agriculture Improvement Act of 2018, often referred to as the Farm Bill, codified the definition of hemp in the US, saying “The term hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

The .3 amount dates back to an article written in Taxon, the journal of the International Association for Plant Taxonomy, by Canadian scientists in 1976.  Europe, on the other hand, had set its limit at .5% in the 80s and reset it to .3% and then finally to .2% in 1999. 

So if you’re taking CBD oil that’s made from hemp, know that you could be getting anywhere from 0% THC to .3% - something to take note of if drug testing is of concern. It’s best to check the manufacturer’s site for evidence of lab testing to ensure you know what you’re getting!