What is the same
Species: both are Cannabis sativa L.
Appearance: flower can look identical.
Odor: both produce terpenes and can smell the same.
Cultivation: both can be grown indoors, outdoors or in greenhouses.
What is different
THC concentration relative to the legal threshold.
Regulatory program: hemp is regulated under hemp programs, marijuana under state marijuana programs where lawful.
Testing and sampling requirements that apply to each.
Why the difference matters
Because the only reliable difference is measured THC, cases that depend on classification depend on testing evidence, and on whether that evidence was gathered and interpreted correctly.
A note on changing law
Hemp and marijuana definitions have been amended over time at the federal level and differ by state. Which definition applies depends on the date, the jurisdiction and the product, and is a question for counsel.
Need this analyzed in a matter?
Ted Menadier, MBA provides expert witness services in litigation involving cannabis, marijuana and hemp cultivation, crop loss, crop valuation, business operations, insurance claims, testing, classification and related industry matters. Request a consultation or see information for attorneys.