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

Hemp and so-called recreational cannabis belong to the same species, Cannabis sativa L. What changes is the selection. Farm hemp was bred for fibre, seed or, more recently, CBD. Drug-type cannabis was bred for its THC content.

The labels sativa, indica and "hybrid" do not change this. A genetic study published in 2019 of 30 strains sold in three US states found no clear genetic support for those three categories. Our article indica or sativa explains what the distinction still covers.

"Marijuana" is not a botanical term. French law speaks of "cannabis" for the plant classified as a drug and of "hemp" (chanvre) for authorised varieties.

The line is drawn by one content level, that of Δ⁹-THC, delta-9-tetrahydrocannabinol. The table sets out the criteria that follow from it in France.

The figures for seized cannabis come from the French Monitoring Centre for Drugs and Drug Addiction (OFDT). In 2011, herb averaged 10.4% and resin 12.3%. Seized herb therefore now contains on average nearly 47 times the hemp cap. Our article beuh or weed compares the two products on other criteria.

The figure was not calculated from any effect on humans. In 1976, botanists Ernest Small and Arthur Cronquist proposed 0.3% THC in dried female flowers to classify plants: above it, drug type; below it, hemp. The Canadian Food Inspection Agency notes that this line is still 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%, and 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: it held that the threshold is not a safety threshold, but 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 is not just flowers. Its seeds are eaten, and food law gives them far lower limits. 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 and its acid form, THCA, corrected by a factor of 0.877.

Yet 0.30% equals 3,000 mg per kilo. The limit for a hemp flower is therefore 1,000 times that for a seed.

Seeds, seed oil and leaves for infusions are the only hemp products accepted as food, the French Ministry of Agriculture recalls in its note of 20 May 2026, provided they respect these levels and are not enriched with cannabinoids. Foods containing CBD are not authorised. Our article on CBD oil and hemp seed oil details the difference.

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

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

Medical cannabis is neither hemp nor recreational cannabis. It consists of THC and CBD products prescribed by doctors within an experimental framework. According to the ANSM, the French experiment has not enrolled new patients since 27 March 2024; those already followed keep their treatment during a transition phase that will end 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 remains prohibited. According to Service-public.fr, 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, reduced to €400 if paid within 15 days.

Driving concerns hemp users too. On 21 June 2023, the Court of Cassation ruled that the authorisation to sell products under 0.30% THC changes nothing for the offence of driving after drug use, which applies whatever the dose. The penalties are set out in our article on CBD and driving.

A "hemp" or "CBD" label is not enough. Three lines of the batch analysis settle it: a batch number matching the product, Δ⁹-THC at 0.30% or less, and no semi-synthetic cannabinoids such as HHC, H4CBD or THCP, classified as drugs in 2023 and 2024. Our guide to the certificate of analysis covers each line, and our laboratory page describes the measurement methods. The catalogue's flowers are listed in the CBD flowers category.