Hemp vs cannabis: one species, split by 0.3% THC

Hemp and so-called recreational cannabis are the same species, Cannabis sativa L.; breeding is what differs. Farm hemp was selected for fibre, seed and, more recently, CBD. Drug-type cannabis was selected for its THC content.

The sativa, indica and "hybrid" labels leave this unchanged. A genetic study published in 2019 examined 30 strains sold in three US states and found no clear genetic basis for those three categories. Our article indica or sativa explains what the distinction still covers.

"Marijuana" has no meaning in botany. French law uses "cannabis" for the plant classified as a drug and "hemp" (chanvre) for authorised varieties.

A single content level draws the line: that of Δ⁹-THC, or delta-9-tetrahydrocannabinol. The table lists the French criteria that follow from it.

The seizure figures come from the French Monitoring Centre for Drugs and Drug Addiction (OFDT); the 2024 averages are from its note on the drug supply in 2024, published in February 2026. In 2011, herb averaged 10.4% and resin 12.3%. Herb seized in 2024 held on average nearly 48 times the hemp cap. Our article beuh or weed compares the two products on other criteria.

No effect on humans went into the figure. In 1976, the botanists Ernest Small and Arthur Cronquist proposed 0.3% THC in dried female flowers as a way to classify plants: drug type above, hemp below. The Canadian Food Inspection Agency notes that this line remains the reference in North America.

In France, the order of 30 December 2021 authorises the growing and commercial use only of Cannabis sativa L. varieties whose Δ⁹-THC content does not exceed 0.30%. It applies the same cap to hemp extracts and to products containing them. On 29 December 2022 the Conseil d'État struck down the ban on selling raw flowers and leaves. The court held that the threshold is not a safety threshold, and that no proven risk justified a general and absolute ban. For EU farm subsidies, the cap rose from 0.2% to 0.3% on 1 January 2023. Our article on the legal THC level explains how the content is measured.

Hemp also gives seeds, which people eat, and food law sets far lower limits for them. Regulation (EU) 2022/1393, in force since 1 January 2023, sets 3.0 mg of THC per kilo for hemp seeds and derived products, and 7.5 mg/kg for hemp seed oil. The calculation adds Δ⁹-THC to its acid form, THCA, corrected by a factor of 0.877.

By comparison, 0.30% equals 3,000 mg per kilo, so the limit for a hemp flower is 1,000 times the limit for a seed.

In its note of 20 May 2026, the French Ministry of Agriculture points out that seeds, seed oil and leaves for infusions are the only hemp products accepted as food. They must respect these levels and must not be enriched with cannabinoids. Foods containing CBD are not authorised. Our article on CBD oil and hemp seed oil details the difference.

The 2021 order states it plainly: "Only active farmers within the meaning of the European and national regulations in force may grow hemp flowers and leaves." The flowers and leaves must come from plants grown from certified seed of listed varieties. Someone growing cannabis at home falls outside that framework, even with "CBD" seeds. Our article on CBD seeds explains why buying them is legal and growing them is not.

France is still the EU's largest hemp producer, mostly for fibre and seed. Our overview of hemp farming in France gives the areas and outlets.

Medical cannabis is a third category, separate from hemp and from recreational cannabis: THC and CBD products prescribed by doctors within an experimental framework. According to the ANSM, the French experiment has taken no new patients since 27 March 2024. Patients already followed keep their treatment during a transition phase, which ends three months after the opinion of the French National Authority for Health (HAS). Our article on medical cannabis in 2026 follows the timetable.

Recreational cannabis is still prohibited. Service-public.fr states that drug use is punishable by one year in prison and a €3,750 fine. Since 20 August 2026, the fixed fine that can replace prosecution is €500, or €400 if paid within 15 days.

Hemp users are affected at the wheel as well. On 21 June 2023, the Court of Cassation ruled that the authorisation to sell products under 0.30% THC has no bearing on the offence of driving after drug use, which applies whatever the dose. Our article on CBD and driving sets out the penalties.

A "hemp" or "CBD" label proves nothing on its own. Three lines of the batch analysis decide the question: a batch number that matches the product, Δ⁹-THC at 0.30% or less, and no semi-synthetic cannabinoids such as HHC, H4CBD or THCP, which were classified as drugs in 2023 and 2024. Our guide to the certificate of analysis covers each line, and our laboratory page lists the catalogue products. The CBD flowers category lists the catalogue's flowers.