Aller au contenu

← Journal/18 May 2026·4 min de lecture

Hemp, cannabis, marijuana: what are the differences?

Par ·

*Hemp and marijuana designate two forms of the same botanical species, Cannabis sativa L., told apart by their THC content. Hemp grown for CBD contains less than 0.30 % THC in the finished product and has been legal in France since the Conseil d'État ruling of 29 December 2022. Recreational or medical cannabis exceeds that threshold and remains classified as a narcotic.*

Hemp, cannabis, marijuana: what are the differences?

The confusion between the two terms is sustained by marketing and by conflation in the media. In botanical terms, however, it is the same plant; in legal terms, these are two opposite regimes.

A single botanical species

All cannabis varieties belong to the species Cannabis sativa L. Some sources distinguish sativa, indica and ruderalis, but these distinctions are today regarded as morphological variations within a single species, rather than separate species, as our article on sativa, indica and hybrid sets out in detail.

The plant was domesticated several millennia ago in Central Asia, and has been grown since antiquity for its fibres, its seeds and its flowers.

What separates hemp from marijuana

The difference is chemical and legal, not botanical: it rests on the concentration of delta-9-tetrahydrocannabinol (THC), the main psychoactive compound.

CriterionHemp (wellbeing CBD)Narcotic cannabis
THC content in the plant≤ 0.30 %> 0.30 %, often 5-25 %
Intoxicating effectNoneYes, because of THC
Status in FranceLegal subject to conditionsClassified as a narcotic
SaleCBD shops, onlineProhibited outside prescription

The term « marijuana », of Mexican origin, is not used in French law, which simply distinguishes narcotic cannabis from hemp, an agricultural and industrial raw material.

The French threshold: 0.30 % THC in the finished product

The Conseil d'État ruling of 29 December 2022 (no. 444887) annulled the ban on the sale of hemp flowers and leaves, holding that a concentration below 0.30 % THC creates no health risk justifying a general prohibition. That threshold applies to CBD flowers, resins, oils, extracts and cosmetics. The authorised varieties are those listed in the official French catalogue or in the common European catalogue, some thirty varieties including Futura 75 and Felina 32.

Medical cannabis, a separate case

Not to be confused with wellbeing CBD or with recreational cannabis: medical cannabis is a medicine dispensed on hospital prescription, within precise indications (neuropathic pain, drug-resistant epilepsies, spasticity). The French trial (2021-2024) involved around 3,200 patients according to the ANSM, and the generalised framework was notified to the European Commission on 20 March 2025. These medicines contain THC at an active concentration, unrelated to the 0.30 % hemp of wellbeing CBD.

And recreational cannabis?

Recreational cannabis remains prohibited in France: consumption, possession, sale and production are offences under the Public Health Code, penalised by a fixed fine of €200 for simple use. Importantly, the Cour de cassation ruled on 21 June 2023 that the commercial legality of a CBD product does not exonerate the driver in the event of a positive THC test. To verify the origin of a product, three elements count: the declared variety, a certificate of analysis from an independent laboratory, and the absence of prohibited cannabinoids such as HHC or THCP.

CBD is not a medicine. If you have any medical doubt, consult a healthcare professional.

Frequently asked questions

Does hemp get you « high »?

No. At less than 0.30 % THC, a CBD product produces no intoxicating effect. Users report a feeling of relaxation, without the alteration of consciousness associated with THC at a psychoactive concentration.

Can you grow hemp at home in France?

Hemp growing is reserved for farmers registered with FranceAgriMer, using certified seeds of authorised varieties. Cultivation by a private individual is not explicitly authorised by the current framework.

Does food-grade hemp (seeds, oil) contain CBD?

Very little or none at all. Hemp seeds and seed oil come from industrial varieties with a low cannabinoid content, rich in omega-3 and omega-6, and are authorised in food with no restriction.

Is CBD a drug?

No, in the French legal sense. CBD is not listed as a narcotic. It is a non-psychoactive compound from a plant authorised for cultivation; THC, for its part, remains a narcotic.


Written by the Phytogrammes team

Every article in this journal draws on primary sources (ANSM, EFSA, EUR-Lex, peer-reviewed publications) and on the lab's own practice: batch-by-batch HPLC analyses, measured cannabinoid profiles. Our approach.

Article published on . CBD is not a medicine.

Phytogrammes products that pair well