Cannabis is Defined in Different Ways

Cannabis, marijuana, and hemp are different words to describe the same plant, Cannabis sativa L.1

Different definitions = different oversight

Cannabis plants growing in a field

U.S. Department of Agriculture (USDA) regulates hemp

USDA oversees all agricultural products, including hemp. It makes sure hemp is grown properly and limits the amount of THC that can be found in hemp.6

Healthcare provider handing something to a patient in a clinical setting

U.S. Food and Drug Administration (FDA) regulates food, drug, and dietary supplement ingredients

FDA has only approved one CBD medicine which is only available by prescription. Currently, the FDA has not approved any CBD for foods or dietary supplements.5

If not approved, then why are CBD products everywhere?

CBD products are slipping through the cracks

The U.S. government doesn’t properly check and control CBD products. On top of that, each state is making its own rules for cannabis, which makes things even more confusing.7 Because of this, people buying CBD and other cannabis products must be extra careful.

It’s a “buy at your own risk” situation.
Illustrated outline map of the United States overlaid on a cannabis field with question marks scattered across different states
Gavel resting on a surface suggesting a legal or regulatory context

Just because a rule is not enforced, doesn’t mean it is legal.

1. Small E. Evolution and Classification of Cannabis sativa (Marijuana, Hemp) in Relation to Human Utilization. The Botanical Review. Sept 1 2015;81(3):189-294. doi:10.1007/s12229-015-9157-3

2. House of Representatives. (2025) Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. https://www.congress.gov/bill/119th-congress/house-bill/5371/text/eas

3. House of Representatives. (2014) Agriculture Reform, Food, and Jobs Act of 2013. https://www.congress.gov/bill/113th-congress/house-bill/2642/text

4. House of Representatives. (2018) Agriculture Improvement Act of 2018. https://www.congress.gov/bill/115th-congress/house-bill/2/text

5. US Food and Drug Administration. Hemp Production and the 2018 Farm Bill. 2019. Accessed Dec 2, 2021. https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019

6. Federal Register. (2021) Establishment of a domestic hemp production program. 5596-5691

7. Jameson LE, Conrow KD, Pinkhasova DV, et al. Comparison of State-Level Regulations for Cannabis Contaminants and Implications for Public Health. Environ Health Perspect. Sep 2022;130(9):97001. doi:10.1289/EHP11206