THC vs CBD: The first key difference between hemp and marijuana are the CBD and THC contents. Both plants come from the cannabis sativa L plant, however hemp contains 0.3% THC while marijuana is considered to be any cannabis plant containing 0.3%THC or more.
Psychoactivity: Hemp and CBD products derived from hemp are completely NON-psychotropic, meaning they cannot at all get you high. While CBD has no psychotropic abilities, THC does not even become psychoactive until it reaches a threshold of 5%. This means that even when consuming hemp products containing THC, there is still no chance of getting "high".
Is CBD Legal? YES! YES! YES! Thanks to the 2014 Agricultural Act(Farm bill), industrial hemp again became federally legal to grow and process! This made it possible for the growing and selling hemp legal federally for states that establish regulatory regimes or pilot programs. In 2015 the Omnibus Spending Law was passed and prohibits federal interference with state-authorized hemp pilot projects and interstate transfer of hemp products. These Acts and bills essentially federally defunded the DEA and other agencies or entities from interfering with the hemp trade, and why?
CBD for our purposes is derived from Industrial hemp not marijuana
Industrial hemp comes from the cannabis sativa plant
Industrial hemp is cannabis sativa that is tested at 1% THC or LOWER for purposes such as making hemp fiber or plastics.
Industrial hemp used for therapeutic purposes is tested at .3% THC
Marijuana comes from both the cannabis sativa and cannabis indica plants. There are many organizations that would argue both of these are the same thing, just different strains or varieties.
Any cannabis sativa product tested at concentrations higher than 1% THC is considered medical marijuana while any cannabis sativa product tested at 5% and higher can be classified as recreational marijuana.