Over a century of misinformation about cannabis has resulted in confusion about the differences between cannabis and hemp. For years, federal law did not differentiate between hemp and other cannabis plants, all of which were made formally illegal in the Controlled Substances Act of 1970. Since cannabis and hemp have been hot topics of contention in society, a climate of confusion developed around their separate definitions.
Cannabis & Hemp
Flowering cannabis, the smokable bud that produces a ‘high,’ comes from both Indica and Sativa cannabis plants. The tall, thin Cannabis sativa L, known more commonly as cannabis Sativa, has two common varieties; 1) low-THC hemp and 2) high-THC cannabis Sativa. Hemp is bred for its industrial uses and flowering cannabis Sativa is bred for its psychoactive and medicinal properties. Smoking low- THC hemp flower is NOT like smoking high-THC cannabis flower; it will not give you the same intoxicating effect and may cause a headache.
Hemp is used in both pharmacological and industrial capacities. It is considered a multi-purpose crop because the fiber, stalk, and seeds can be used in various industries, from construction to textiles. More recently, hemp has been cultivated for its oil and cannabinoid-rich molecules. Hemp itself is bred slightly differently depending on what it is being used for; plants bred for their seeds are not necessarily the same plants that are harvested for their stalk fibers.
In short, low-THC hemp and high-THC sativa are both cannabis, but are critically different under current federal law. For the purposes of this article, we will refer to legal hemp products as ‘hemp-derived’ and federally illegal, high-THC cannabis products as ‘cannabis-derived.’
Legal CBD
Today, the growing popularity of CBD oil , or cannabidiol oil, has caused a resurgence in the hemp market and has subsequently drawn into question the legal status of both cannabis-derived and hemp derived CBD. The recent passage of the 2018 Farm Bill has brought these differences under scrutiny. Under the 2018 Farm Bill, the sale, possession, cultivation, and transportation of hemp-derived products is legal. This means that hemp-derived products no longer have a Schedule I status, but it is important to note that CBD itself was not explicitly made legal.
Hemp-derived products include any cannabinoids derived from hemp, with no more than .3% THC, as long as production methods are within federal regulations, state regulations, and production occurs through a licensed entity. This allows for nationwide sales of CBD oil derived from hemp, or hemp-derived CBD, but not nationwide sales of cannabis-derived CBD (defined as any cannabis plant with more than .3% THC). This means that CBD acquired from anything other than a legally defined hemp plant (no more than .3% CBD) is still classified as a Schedule I substance, even if the resulting CBD oil contains 0% THC.
Although 33 states have legalized medical cannabis, 10 states have made cannabis legal for adult use, and hemp-derived products are now federally legal, state cannabis programs and their products are still illegal under federal law. When looking at CBD products it is important to purchase CBD from licensed retailers to stay within federal law. Even if the CBD is pure and isolated from any other cannabinoids, this does not necessarily mean it is legal. It MUST be hemp-derived CBD to be considered legal under federal law.
Hemp-Derived CBD
High quality hemp-derived CBD production requires strict manufacturing and cultivation practices. CBD can be extracted from hemp flower and hemp biomass. To create hemp-derived CBD oil, hemp must be cultivated, harvested, and dried before extraction begins. If hemp is not cultivated with specific growing conditions the plants can become contaminated by fungi or bacteria, and the hemp becomes soiled and useless. Hemp is harvested when the flower heads are fully mature and begin to ripen and dry. In some regions, hemp is harvested before it is mature to ensure cooperation with the ‘below .3%’ THC regulations. The post-harvest processing stage begins after hemp is harvested.
Hemp must cure and dry before it can be taken off the farm and into the processing phase. Once dried, hemp flower, and biomass are ground up or trimmed and prepared for extraction. During the extraction process the plant material is separated from the cannabinoid rich hemp-oil. From here, the oil is refined and separated from any residual waxes, lipids, and solvents. This is where full-spectrum or broad-spectrum CBD extraction and refinement ends. CBD-isolate extends the refinement process to something known as chromatography to remove plant materials and non-CBD cannabinoids. The end result of this process is a odorless and flavorless 99% CBD product.
Therapeutic Claims around CBD
The differences between types of CBD might be unclear in the media, but the claims around what CBD actually does are even more muddled. Hemp-derived CBD oil is being used in a variety of products including CBD topicals, CBD vapes, CBD oils, CBD edibles, and CBD sublingualis to name a few. Claims bolstered by varying levels of scientific research concerning hemp-derived CBD include the following:
Promotes bone growth
Reduces seizures and convulsions
Reduces Blood Sugar Levels
Reduces Inflammation
Reduces Risk of Artery Blockage
Reduces small intestine contractions
Reduces nausea and vomiting
Relieves Pain
Relieves Anxiety
Suppresses muscle spasms
Treats psoriasis
Conclusion: Research is Key
All of these claims require more research and extensive testing. One of the goals of the
2018 Farm Bill was to bolster current research and generate new research into hemp. These efforts have the potential to increase cannabidiol research and help clarify how we should consume and use CBD oil within a larger wellness routine. We adamantly suggest speaking to a doctor before purchasing or using any CBD products as well as confirming that hemp-derived CBD is legal to use, possess, and purchase where you live. To learn more about CBD please visit our website.
The views expressed in this article intend to highlight alternative studies and induce conversation. They are the views of the author and do not necessarily represent the views of domcbd™ or solo solutions llc, and are for informational purposes only, even if and to the extent that this article features the advice of physicians and medical practitioners. This article is not, nor is it intended to be, a substitute for professional medical advice, diagnosis, or treatment, and should never be relied upon for specific medical advice.