The U.S. 2018 Farm Bill Explained: What You Need to Know About Cannabis Laws
May 26, 2025
Among the various provisions in the U.S. 2018 Farm Bill concerning food and agriculture, which don’t really concern us average joes and janes, the bill legalized hemp. And it’s revolutionized the cannabis industry.
Can anyone get marijuana now? Is cannabis legal? Is ordering THC products online now legal? Should I start smoking hemp? Are we a nation of tokers now? I know you have questions, and I have answers for you.
And in case you’re feeling overwhelmed, I want to say: it’s not nearly as complicated as it may seem. It is a little complicated, though.
Cannabis sativa is the plant we’re all talking about. Cannabis contains a variety of compounds called cannabinoids, namely THC (Delta-9) and CBD, but also CBG, CBN, and CBC. Don’t worry about those last three for now. FYI: Unless specified, “THC” refers to Delta-9 THC, not Delta-8. And I’ll explain all of that in a bit.
Like people, every cannabis plant is unique. Some have very low concentrations of THC. These plants are categorized as hemp!
To be specific, any cannabis sativa plant that contains 0.3 percent THC or less by dry weight is legally classified as hemp. Any cannabis plant that contains more than 0.3 percent THC is classified as marijuana.
Think of hemp and marijuana as twins. They have the same parents, but different personalities. Hemp and marijuana are both cannabis, but have different effects on you.
Because of these differences, hemp is legal, but marijuana is not. So, is cannabis legal? Yes and no. It depends on the THC content.
Even though hemp contains very little THC, it still contains THC. Does that mean THC is federally legal? Not exactly.
There aren’t any laws regarding THC itself, which has opened up a lot of loopholes. And that’s why you’re seeing more and more THC products on the market.
THC products sold outside of cannabis dispensaries, like at the grocery store or online, are more than likely hemp-derived THC. That’s just what it sounds like — THC that was extracted from a hemp plant. This kind of THC is federally legal.
On the other hand, marijuana-derived THC is federally illegal. Both hemp-derived THC and marijuana-derived THC are Delta-9 THC, and there’s no difference in their chemical makeup or how they affect you.
Let me say that a little louder: HEMP-DERIVED THC WILL GET YOU HIGH. But it’s legal!
The legality of CBD is the same. The actual compound is not regulated at all. And just like with THC, the only thing federal law cares about is what plant the compound came from.
Marijuana-derived CBD is federally illegal; hemp-derived CBD is federally legal. Neither have psychoactive effects, so they won’t get you high. They just help you relax.
Delta-9 THC is just the normal THC that we’re all familiar with. It doesn’t matter whether it’s a hemp or marijuana plant.
Delta-8 is different. It’s much more science-y and modern. Delta-8 exists naturally in cannabis plants, but in very, very low quantities. However, scientists can transform CBD into Delta-8 THC.
The formula is: CBD + acid + time = Delta-8 THC. But do not try making it at home!
While Delta-8 is psychoactive, it’s still not the same as Delta-9. It’s considered less potent and doesn’t interact with our brain chemicals in the same manner. It falls into the same legal grey area as THC and CBD, and is only federally legal if it’s made from hemp-derived CBD.
Still with me? I know it’s a lot, but you’re doing great.
Delta-8 is showing up in products simply because it’s easier for some manufacturers to produce. Hemp is legal and has high amounts of CBD. Instead of painstakingly extracting the tiny amounts of Delta-9 THC from hemp, they just extract the abundance of CBD in hemp and turn it into Delta-8 to create legal hemp products that will get you high.
I’ll yell this for you, too: DELTA-8 WILL GET YOU HIGH. Just maybe not as high as Delta-9.
The research on the effects of Delta-8 is practically nonexistent, so the risks and long-term effects are unknown. Be careful…
Learn more about Delta-8 THC vs. Delta-9 THC here!
Oh boy, there’s more? This is the last rabbit hole I’m going to drag you down, I promise.
THCa is not quite THC (we’re still talking about Delta-9). It’s actually the compound that turns into Delta-9 THC. If THC is an omelet, THCa is the raw egg. And “raw” is the perfect term, because the only thing you need to turn THCa into THC is heat! The heating process is known as decarboxylation.
I’ll only raise my voice once more: THCA WILL NOT GET YOU HIGH, UNLESS YOU HEAT IT UP. At which point, it’s no longer THCa; it’s Delta-9 THC.
The formula for this is: THCa + heat = Delta-9 THC.
So, why is THCa on the market then? There are two main reasons: because raw THCa might have benefits like reducing nausea and inflammation, and because it’s very easy for people to turn THCa into Delta-9 THC (just add heat).
The latter is legally interesting. If you grow a cannabis plant that is 30 percent THCa, but only 0.1 percent THC, it qualifies as hemp. But the second you add heat, it becomes 30.1 percent THC. See the loophole?
People are cultivating cannabis plants with high amounts of THCa, which they can sell as hemp. This allows people in states where marijuana is illegal to buy cannabis flower that will get them high.
Learn more about THCa vs. Delta-9 THC here!
To summarize, CBD, Delta-8 THC, Delta-9 THC, and THCa are all legal, as long as they come from a hemp plant. If they come from a marijuana plant (even though they’re the same compounds), they’re federally illegal.
All the scientific, cannabis-cooking geniuses out there have taken hemp’s legalization to places the U.S. government never saw coming. Some state governments have enacted laws to restrict THC compounds, so your access to all these products still depends on where you live. But in most states, as long as the product contains less than 0.3% THC by weight, you can buy it legally. And that’s why products like THC gummies, drinks, and more can be shipped to your house without the cops showing up.
If you want to explore your options, here are yummy gummies that will get you high:
These Delta-8 Gummies from Summit THC deliver a low-key and pleasant high that is comfortable for most people.
(opens in a new window)Summit THC also sells (legally!) these Delta-9 THC Gummies, which are more potent, delivering a fun and hazy high.
(opens in a new window)And here are some gummies that will not get you high, but should make you feel nice and relaxed:
cbdMD’s Broad Spectrum CBD Gummies are not psychoactive at all, so they won’t make you feel high, but they can help ease stress and tension so you can relax.
(opens in a new window)Cheef Botanicals makes Watermelon OG THCa Gummies that will also not make you high, as the THCa has not been heated, but many people enjoy them for their soothing effects.
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