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

opinion

How Sustainability Yields ROI for Pleasure Brands and Their Retailers

Sexual wellness brands are increasingly adopting eco-conscious and sustainable practices. Many are switching to more Earth-friendly materials, reducing packaging waste and making efforts to lower energy consumption, water consumption and carbon emissions.

Kathryn Byberg ·
trends

A Look at Diversity in Today's Pleasure Biz

As the pleasure industry has grown and evolved, so has a movement of multicultural executives, engineers and influencers challenging the status quo and working to make the sector more inclusive and representative.

profile

WIA Profile: Tori Titus-McCrobie

What happens in paradise, stays in paradise — and Tori Titus-McCrobie won’t be leaving her tropical island of career perfection anytime soon, as the longtime sales director has found her bliss selling lubricants, sex toys and condoms to fantastic folks.

Women In Adult ·
profile

Bonner Trading USA's Ian Kulp Shares His Ambitions for BSwish, Zini Brands

Last year saw the launch of Bonner Trading USA, with Jerome Bensimon, formerly of Satisfyer, at the company’s helm. With the recent addition of Ian Kulp as global sales and marketing director, the company has increased its presence in the U.S. and abroad with new distribution deals and the acquisition of pleasure brands BSwish and Zini.

Kim Airs ·
profile

Xgen Products CEO Andy Green Reflects on Company's 15 Years

Reflecting upon the past 15 years, during which XGEN Products grew from a relatively small distributor into a multi-brand manufacturer with 20 of its own brands and 3,000 items it sells worldwide, CEO Andy Green’s expression is nearly one of disbelief.

Colleen Godin ·
opinion

A Guide to Sustainable Pleasure Product Merchandising

Sustainable practices are no longer merely an option for the pleasure industry, but an imperative response to consumer expectations. Just as in other sectors, the resounding call for sustainability has reached unprecedented levels.

Eric Lee ·
opinion

Retailer Tips for STI Awareness Month

Adult retail isn’t all fun and flirty games. We love helping folks navigate pleasure and desire for themselves and with their partners, but brick-and-mortar staff are also on the front lines for myriad educational opportunities — especially in April, which is Sexually Transmitted Infections Awareness Month.

Rin Musick ·
opinion

A Look at the Evolution of Pleasure-Enhancing Pumps

Even though the pleasure industry is famously innovative, most “new” products are still ultimately reimagined versions of previous ones. They expand on the core idea by introducing a new feature or solution that takes the original concept to a new level of sensation, functionality or convenience.

Rebecca Weinberg ·
opinion

Platforming the Pleasure Industry With Our Collective Voice

Very early in my business career, I learned not to mix business with politics or religion. This was a foundational tenet that just made sense. For much of my career, that was easy. However, it has become increasingly difficult to avoid bringing politics into business.

Ken Sahn ·
opinion

The ABCs of POS Systems for Adult Store Owners

What point-of-sale system is best for your adult business? Figuring that out can be frustrating, since the numerous options and acronyms don’t easily translate into a clear checklist of features and benefits you can weigh.

Sean Quinn ·
Show More