Hemp vs. marijuana’s differences relate to each’s respective tetrahydrocannabinol (THC) content, cultivation, and legal status. Meanwhile, hemp and marijuana are two varieties of the same plant, Cannabis sativa L. They also share identical appearances, smells, and genetic structures.
A Los Angeles drug crimes lawyer is familiar with California’s laws relating to hemp and marijuana. If you’ve been charged with a drug crime, your attorney can prepare a legal defense for you that resonates in court. In addition, they can discuss hemp vs. marijuana, including the three things to know about it listed below.
Hemp vs. Marijuana Difference #1: THC Content
In the United States, hemp is legally defined as a cannabis plant with a Delta-9 THC concentration of no more than 0.3% on a dry weight basis. This low concentration helps ensure that hemp doesn’t cause psychoactive effects. Plus, the concentration level makes it legal to use hemp for fiber, CBD oils, and food products.
Comparatively, marijuana is a cannabis plant that contains more than 0.3% THC. In marijuana, common THC concentrations have increased from around 5% in the 1990s to 15-30% today, with some strains exceeding 30%.
In California, cannabis is legal for adults 21 and older, with no legal limit on the THC percentage for products sold in licensed dispensaries. A criminal defense lawyer can explain California’s marijuana laws in depth. If you have been arrested for a hemp- or marijuana-related drug crime, your attorney can look for ways to get the case against you dismissed.
For a free legal consultation, call (310) 896-2723
Hemp vs. Marijuana Difference #2: Cultivation
Another hemp and marijuana difference to consider: Plant cultivation varies. Hemp grows tall and thin, and it is cultivated for fiber, seeds, and oils used in thousands of products. Marijuana is cultivated for dense buds or flowers. Because of this, it is often grown indoors or in highly controlled environments for medicinal or recreational purposes.
It is legal to grow hemp and marijuana in California as long as you comply with the state’s regulations. Learn what’s legal regarding growing cannabis at home before you engage in such activity. Otherwise, you can get arrested for illegal cultivation. If convicted, you can receive a jail sentence, a fine, or both.
Those who have been arrested for illegal cannabis cultivation have access to legal guidance and support. A Los Angeles marijuana cultivation defense lawyer can investigate your case and discuss your legal options with you. Depending on the circumstances of your situation, your attorney may get a plea deal that allows you to avoid harsh criminal penalties.
Hemp vs. Marijuana Difference #3: Legal Status
A third thing to know about the difference between hemp and marijuana: The federal government views these plants independently. The 2018 Farm Bill made it legal to cultivate and sell CBD oils and other hemp-based products. On the other hand, marijuana is classified as a Schedule I controlled substance federally.
Both hemp and marijuana are legal in California as of February 2026, but they are regulated differently. Industrial hemp is legal for agricultural and industrial purposes in California, and regulations are in place regarding cultivation and processing. Marijuana is legal for recreational use for adults 21 and older and medicinal use. It is available legally via licensed dispensaries.
In the aftermath of an arrest for a California or federal hemp- or marijuana-related drug offense, it pays to have an experienced drug crimes lawyer handle your case. Your attorney can help you address any legal challenges you face. If necessary, they can represent you during your trial and dispute the prosecution’s case against you.
How to Defend Against a Hemp- or Marijuana-Related Drug Crime Conviction
Work with a drug crime attorney who knows the ins and outs of the criminal justice system. Your lawyer can develop an argument that makes it difficult for a prosecutor to prove that convicting you of a hemp- or marijuana-related drug crime is warranted. They may utilize any of the following legal defenses:
- Explaining that you were unaware of hemp or marijuana on your premises and had no control over it
- Showing that the police persuaded you to commit an unlawful act that you otherwise would not have done
- Highlighting how the police illegally searched and seized your property, which can lead to the suppression of evidence and weaken the prosecution’s case
Your lawyer can answer your legal questions as your drug crime case moves forward. If your attorney receives a plea bargain, you can review the proposal with them before you decide on it. Or, if your case reaches trial, your lawyer can make sure that you feel confident about your case when you enter the courtroom.
Complete a Free Case Evaluation form now
The Bottom Line on Hemp vs. Marijuana’s Difference and the Things to Know About It
You have insights into the things to know about the differences between marijuana and hemp. Regardless, if you’ve been arrested for a marijuana- or hemp-related drug offense, you still face the possibility of a criminal conviction. At this point, ask for legal help from criminal defense attorneys who will give your case their undivided attention.
At Simmrin Law Group, we know how a drug crime arrest can make you feel like your world is ending. Our legal team has decades of experience and may be able to help you with your drug crime case. We can teach you about hemp vs. marijuana’s difference and the many things to know about it. In addition, we can serve as your legal representation. Contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form