Hemp vs. Marijuana: What Are the Differences?

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Hemp and marijuana are often confused, but they are not the same. While they come from the same plant species, they are used for different purposes, regulated differently, and contain very different levels of THC.

Understanding the difference is especially important in West Virginia, where medical marijuana is legal but recreational use is not. At the same time, federal laws around hemp and marijuana are continuing to evolve, making it more important than ever to stay informed.

What Is Hemp?

Hemp is a variety of the cannabis plant that contains 0.3% THC or less. THC is the compound responsible for the “high” associated with marijuana, and hemp contains only trace amounts.

Because of this, hemp is non-intoxicating, meaning it does not produce the same physical and mental effects as marijuana.

Hemp is commonly found within:

• CBD products such as oils, gummies, and topicals

• Textiles and clothing

• Paper and building materials

• Food products like hemp seeds and protein powders

Hemp was legalized at the federal level under the 2018 Farm Bill, which allowed farmers to grow it as long as it stays within the legal THC limit of 0.3%.

In recent years, concerns have grown around intoxicating hemp-derived products that are made through chemical processes. Because of this, a federal effort is underway to restrict or ban certain hemp-derived products.

What Is Marijuana?

Marijuana is another variety of the same plant, but it contains more than 0.3% THC. This higher THC content is what produces psychoactive effects, often referred to as a “high.”

Marijuana is commonly used for:

• Medical purposes, such as pain relief, anxiety, sleep issues, and more

• In some states, recreational use

Marijuana has been rescheduled at the federal level, meaning it has been moved from a more restrictive category to a lower one. Previously, marijuana was classified alongside substances considered to have no accepted medical use and a high potential for abuse. With rescheduling, it is now recognized as having medical value and is subject to fewer restrictions for research and certain regulated uses.

This is a major shift in federal policy and reflects growing acceptance of marijuana’s role in medical treatment. However, it does not make marijuana fully legal at the federal level, and access is still primarily controlled through state programs.

Even with this change, marijuana use is still federally illegal. Rescheduling does not make marijuana legal nationwide; it simply changes how it is classified and studied. Federal law still places restrictions on marijuana, especially outside of approved medical or research settings.

Because of this, state programs play a critical role. In West Virginia, marijuana is only legal for medical use through the state’s official program. Patients must receive a recommendation from a certified healthcare provider and register with the state to legally purchase marijuana from licensed dispensaries. Recreational use remains illegal, and possession without proper authorization can still lead to penalties.

This is why the medical marijuana program is so important: it provides a safe, legal, and regulated way for patients in West Virginia to access marijuana while staying compliant with state law.

Hemp vs. Marijuana in West Virginia

In West Virginia:

• Medical marijuana is legal for patients with qualifying conditions

• Recreational marijuana is not legal

• Hemp products are widely available, but may face new federal restrictions

Because of the lack of regulation in some hemp products, many West Virginians turn to medical marijuana as a safer and more reliable option.

Medical marijuana is:

• Tested for quality and safety

• Recommended by licensed healthcare providers

• Dispensed through licensed, regulated dispensaries

As federal and state laws continue to evolve, the medical marijuana program remains the most consistent and controlled way to access THC-based treatment in West Virginia.

Key Differences Between Hemp and Marijuana

Even though they come from the same plant, hemp and marijuana are not treated the same due to their differences.

The biggest differences include:

• THC Content: Hemp has 0.3% THC or less, while marijuana has higher THC levels

• Effects: Hemp does not produce a high, while marijuana can

• Legal Status: Hemp is federally legal (with limits), while marijuana is now federally rescheduled but still federally illegal 

• Uses: Hemp is used for industrial purposes, while marijuana is used for more severe medical and sometimes recreational purposes

The legal difference between hemp and marijuana sometimes creates confusion, especially with the rise of hemp-derived products like delta-8 THC at unregulated stores.

A federal crackdown on intoxicating hemp-derived products is expected, which could remove many of these items from the market or place stricter limits on them.

At the same time, marijuana’s federal rescheduling marks an important step forward. It reflects a shift in how marijuana is viewed at the federal level, especially in terms of medical use and research. However, it does not mean marijuana is legal nationwide; state laws still play the biggest role in access.

Which One Is Right for You?

Choosing between hemp and marijuana depends on your needs and goals.

• Hemp may be suitable for those looking for non-intoxicating wellness products

• Marijuana may be more appropriate for individuals seeking stronger, targeted relief

For patients in West Virginia, medical marijuana remains the best way to access regulated, high-quality products under the guidance of a licensed provider.

Get Started With Medical Marijuana in West Virginia

If you think medical marijuana may be right for you, the first step is getting evaluated by a licensed provider.

At West Virginia Marijuana Card, we make the process simple and straightforward. Our team helps patients understand eligibility, complete the evaluation via telemedicine, and submit the application to the state.

As laws around hemp and marijuana continue to change, having a medical marijuana card can help ensure you stay compliant while accessing safe and reliable treatment options.

Final Thoughts

Hemp and marijuana may look similar, but they are very different in terms of THC content, effects, and legal status. With ongoing changes at the federal level, including a hemp crackdown and marijuana rescheduling, the differences between the two are becoming even more important.

For West Virginians, understanding these distinctions can help you make informed decisions and choose the option that best fits your needs.

Get Your Medical Marijuana Card Today!

Medical marijuana is legal in the state of West Virginia, and you can apply for your very own medical card today! You need your medical card to visit any dispensary in the state.

If you think you may benefit from medical marijuana, there is a good chance you will qualify for a card. It is now easier than ever to get your card with telemedicine, right from the comfort of your own home!

Being a West Virginia medical marijuana patient allows you the freedom to establish your personalized treatment plan. We’re dedicated to helping patients every step of the way!

Feel free to give us a call at 877-303-8424, and we can answer your questions about getting a medical marijuana card in West Virginia.

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Doctors Who Care.

Relief You Can Trust.

West Virginia Marijuana Card’s mission is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.

If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!

Check out West Virginia Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information.

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