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Is Buying THC Products Online Legal in the US?

Updated: Nov 13

You might be wondering whether or not buying THC products online is sketchy, let alone legal. In this article, we will give you a high-level overview of why it is legal (with certain restrictions) and what you should look for as a consumer to make sure you are buying from a reputable source.



cannabis plant growing in a field with a sunset in the background


2018 Farm Bill Overview


It all starts with the Agriculture Improvement Act of 2018 aka the 2018 Farm Bill which legalized some forms of cannabis as long as they meet the *legal* definition of hemp (more on this later). The 2018 farm bill defined hemp as:


 "(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."

Why is this significant?


This changed the legal status of delta-9-tetrahydrocannabinol (THC) under federal law by removing it from the Controlled Substances Act as long as it is derived from hemp and in concentrations lower than 0.3% THC on a dry weight basis. That means that the Drug Enforcement Administration no longer has the authority to seize or criminalize the sending or buying of cannabis products with THC content less than 0.3%.


Hemp, Cannabis, Marijuana: What’s the Difference?


Summary: There is no scientific distinction between the words “hemp or marijuana", it is a purely legal difference. Legally, the main differences is the level of delta-9-tetrahydrocannabinols (THC) in the plant. If it contains more than .3% THC it is marijuana and if it is less than .3% THC it is hemp.



Diagram showing difference between marijuana, hemp and cannabis


Marijuana is not a scientific term. This term is commonly used to refer to the cannabis plant and its products that contain high levels of THC (tetrahydrocannabinol), the psychoactive compound responsible for the "high" sensation. Marijuana is more of a slang term and is often used interchangeably with "weed," "pot," "grass," "gardening," and other informal terms. It's worth noting that the term "marijuana" has some historical connotations and has been associated with racial and political contexts, particularly in the United States, where it was popularized in the early 20th century as a means to demonize and criminalize the use of cannabis by certain ethnic groups. However, today it's widely used in everyday language to describe cannabis that contains significant levels of THC and is consumed for its psychoactive effects.


Hemp is not a scientific term either. When people talk about hemp, they are generally referring to specific varieties of the Cannabis sativa plant that have been bred and cultivated for industrial purposes. While all cannabis plants belong to the same species, Cannabis sativa, they can be bred to emphasize different traits.


Hemp plants are typically selected and bred for their tall, fibrous stalks and low THC content. These varieties are grown specifically for industrial use, such as producing fibers for textiles, seeds for food products, and CBD for medicinal purposes. As described above it is a legal definition and refers to the Cannabis sativa plant that contains very low levels of THC (below 0.3% THC by dry weight).


Cannabis is the botanical name for the genus of plants that include both marijuana and hemp. It encompasses various species and strains, including those that are high in THC (marijuana) and those that are low in THC and high in CBD (cannabidiol) like hemp.


Purchasing from Reputable Sources


When considering purchasing cannabis products, it's essential to look for reputable companies that adhere to legal regulations and prioritize product quality and safety. Here are some tips to help you spot reputable companies:


  1. Evaluate Product Packaging and Labeling: Legitimate cannabis products will have clear and informative packaging and labeling that comply with regulatory requirements. Look for labels that include detailed information about THC and CBD content, serving sizes, potency, ingredients, and safety warnings.

  2. Verify Lab Testing and Certifications: Reputable companies invest in third-party lab testing to ensure the accuracy, potency, and purity of their products. Look for companies that provide access to lab test results, certificates of analysis, and quality assurance certifications, demonstrating their commitment to transparency and product integrity.

  3. Research Reputation and Reviews: Before making a purchase, take the time to research the company's reputation and read customer reviews and testimonials. Does the company have a track record? Is there a thoughtful About Us page? Also look for feedback on product quality, customer service, and overall satisfaction to gauge the company's credibility and reliability.

  4. Avoid Illegal or Suspicious Claims: Be wary of companies that make exaggerated or unsubstantiated claims about the health benefits or efficacy of their products. Reputable companies prioritize honesty and transparency in their marketing and avoid making claims that could mislead consumers or violate regulations.

  5. Consider Product Potency and Safety: When purchasing THC products for recreational use, consider the potency and safety of the product. Reputable companies provide clear dosing guidelines and warnings to help consumers make informed decisions about consumption and minimize the risk of adverse effects.

Conclusion


The legalization of hemp through the 2018 Farm Bill has reshaped the landscape of the cannabis industry, allowing for the cultivation and distribution of industrial hemp and hemp-derived products under federal law. This significant shift has paved the way for consumers to access and purchase a wide array of hemp-infused products, textiles, and nutritious hemp seeds, all while adhering to federally legal guidelines.


While distinctions between recreational marijuana and industrial hemp remain crucial and oftentimes confusing, the overarching umbrella term of "cannabis" encompasses the entirety of the cannabis plant, from those high in THC to those cultivated for industrial purposes. This legal framework has not only opened doors for economic growth and innovation but also sparked conversations around responsible recreational use and public health considerations.


Disclaimer: State and Federal laws around cannabis/hemp are constantly evolving. This post may not always reflect the most up-to-date information. State-by-state laws may differ.

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FDA Disclaimer: The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.

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