Hemp vs. marijuana: what the law actually says
Hemp and marijuana are the same plant, Cannabis sativa. The difference is legal, and it comes down to how much THC the plant contains. THC is the compound that causes a high.
The 0.3% line
Under federal law, cannabis with no more than 0.3% THC by dry weight is hemp. Anything above that is marijuana. Starting in late 2026, federal law measures total THC, which includes THCA, a compound that turns into THC when heated. Some plants that passed the old test won't pass the new one.
| Hemp | Marijuana | |
|---|---|---|
| THC level | 0.3% total THC or less | More than 0.3% |
| Growing in Virginia | Requires a VDACS Industrial Hemp Grower Registration | Adults 21+ may grow up to 4 plants per household; commercial growing requires a state license |
| Buying in Virginia | Hemp products are legal for sale within state limits on THC per package | Licensed retail sales are scheduled to begin July 1, 2027 |
Why it matters to you
- Hemp clones and seeds should come from genetics with lab results showing 0.3% total THC or less. Ask your seller to show you.
- Growing hemp in Virginia requires state registration, even a small amount.
- Until licensed stores open, selling marijuana in Virginia is illegal, including "gifts" tied to a purchase.
Sources: Virginia Cannabis Control Authority FAQ; CCA hemp information.