Differences between Marijuana and Hemp

Sorry for the lack of updates but, like most, we too have been following the mandatory social distancing guidelines enacted due to the recent pandemic.

One of the first questions I was asked upon my return was; what is the difference between hemp plants and drug plants? First of all, let us attempt to define the function of the two.

Hemp plants include varieties which are grown for their fiber and seed oil while “drug plants” include plants grown for their intoxicating effects and non-intoxicating CBD oil.

To better identify each, one must first understand that hemp plants are considered low-resin plants while drug plants are considered high resin.

In 1937 U.S. federal law attempted to clarify the difference further in the” Marihuana” (with an ‘H’ not a ‘J’) Tax Act, which was effectively the legislation that made Marijuana illegal. They defined the term marihuana to mean all parts of the Cannabis Sativa plant, including the seeds, resin (extracted from any part of the plant) and any compound natural or manufactured or derived in production of the plant, its’ seeds or resin. The definition did not include the mature stalks of the plant, fiber produced from the stalks nor oil or cake made from the seeds of such plant unless it was made from the extracted resin within. In essence, they are saying that certain parts of the plant, such as the mature stalk and sterilized seed, are exempt from the legal definition of marijuana.  However, the flowers, leaves and resin were not included in the exemption. They made it clear that, the resin from any part of the plant, either natural or through manufacture is illegal.

Unfortunately in the gooey resin, resides’ the THC (tetrahydrocannabinol) and CBD (cannabidiol) as well as hundreds of other plant metabolites that augment the brain chemistry thereby easing physiological and psychological distress. That is why, as of today, thirty-three states and the District of Columbia have voted to allow the sale and use of medicinal and recreational cannabis. At least the states would like you to believe that when in fact, we all know it is because the sale of these products generates an enormous tax windfall. As an example, in 2019 Colorado averaged $24 mil per month in tax revenue from the sale of legal marijuana products just to give you an idea of the fiscal value of the legislation.

Today, the Federal Government has revised their “thinking” to characterize industrial hemp as having no more than 0.3% THC by dry weight. Although the 0.3% is an arbitrary number, which lacks scientific basis, it has become the limiting factor blocking access to valuable therapeutic options including those with various combinations of CBD and THC.

The passage of the Agricultural Act of 2014 (otherwise known as the Farm Bill) defined industrial hemp and distinguished it from marijuana. The ratified 2018 version removed hemp but not cannabis from the list of controlled substances. It also removed hemp products, including hemp derived CBD, from the purview of CSA. Where they dropped the ball was, they did not remove it from the sphere of the FDA (Food and Drug Administration) which maintains CBD is neither a legitimate food supplement nor a medication and any CBD oil derived from any cannabis plant, with over 0.3% THC, remains a Schedule 1 substance.

Before the 2018 Farm Bill, most of the CBD products were derived from low-resin industrial hemp mainly imported from Europe and China. With cultivating hemp again being legal in the U.S., it became easier to obtain higher quality CBD products. Not to mention that hemp is a highly adaptable crop that can thrive in a variety of ecological environments. Horticulturalists are having great success breeding high resin cannabis varietals that meet the Farm Bill’s criteria of less than 0.3% THC content. These varietals should help to pave the way for the manufacture of CBD oils deemed safe enough to use when manufacturing CBD oil for medicinal and personal use.

There is positive hope for the future that the FDA will be convinced that there is a good potential for hemp and cannabis derived products. Until then, we must remain vigilant in our beliefs that groups like the FDA will one day make decisions based on the good of humanity as a whole rather than the profit of a few.

Glad to be back and thanks for reading our blog…CBD Doc.