Hemp vs Marijuana: The Key Differences and UK Law Explained

Hemp vs marijuana at a glance

Are hemp and marijuana the same plant?

Yes. Hemp, cannabis, marijuana and weed all come from the same species, Cannabis sativa L. The difference is how each type has been bred. Hemp types are grown for seed and fibre and contain low amounts of THC. Drug types, which the US calls marijuana and UK law simply calls cannabis, have been bred for high amounts of THC (delta-9-tetrahydrocannabinol), the compound that causes a high.

Generations of breeding have pulled the two apart. A 2015 genetic study of 81 marijuana and 43 hemp samples found the two are significantly different across the whole genome, not just in the genes behind THC production. It also found that hemp was genetically closer to “indica” type marijuana than to “sativa” strains, and that marijuana strain names often don’t reflect a meaningful genetic identity.

A note on words: “marijuana” is mostly an American term. In the UK, the law, the NHS and the Home Office all say “cannabis”, and “weed” is everyday slang. When someone asks “is hemp the same as weed?”, the honest answer is: same plant, very different chemistry and very different legal treatment.

Both plants also make CBD (cannabidiol) and over 100 other cannabinoids. See our guide to cannabinoids such as CBD, THC, CBG and CBN.

THC: the key difference (and the 0.2% rule)

The main difference isn’t botanical, it’s chemical. Marijuana plants are bred to produce lots of THC. Hemp varieties are bred to contain very little. See CBD vs THC for how the two compounds differ.

In the UK, the Home Office only licenses cultivation of approved seed varieties with a THC content of no more than 0.2%. That limit comes from the Misuse of Drugs (Fees) Regulations 2010, and the Home Office’s hemp factsheet (last updated December 2025) confirms it is still 0.2%. The factsheet also says the figure is used solely to identify which varieties may be grown.

Two figures cause a lot of confusion online:

• 0.3% is the EU figure, not the UK one. Under the EU’s farm policy, EU farmers must grow certified hemp varieties with THC below 0.3% to qualify for farm payments, and the EU catalogue listed 116 hemp varieties in 2024. The UK is no longer part of that system and still uses 0.2%.
• 0.2% is not a limit for CBD products. It applies to the plant variety in the field. Finished CBD products follow a separate and much stricter Home Office rule: no more than 1mg of THC, or of any other controlled cannabinoid, per container. A bottle of CBD oil “under 0.2% THC” could still be illegal. Our guide to whether CBD is legal in the UK explains the 1mg rule in full.

How do hemp and marijuana look different?

They can look very similar, which is why you can’t reliably tell them apart by eye. The leaves are the same familiar shape. The differences come mostly from how they are grown.

• Hemp is usually sown densely in fields, producing tall, thin plants with few branches and leaves concentrated at the top, ideal for fibre.
• Marijuana is usually grown spaced out, often indoors, producing shorter, bushier plants with dense, sticky flowers (buds).

Smell and appearance tell you nothing reliable about THC. Only a lab test can confirm it.

Can hemp get you high?

No. Hemp contains too little THC to cause a high, and CBD itself is not intoxicating. Our guide to whether CBD gets you high explains why.

The real risk is a product that isn’t what its label says. Three things to watch for:

• Mislabelled CBD. A UK study of 29 widely available CBD products, published in 2022, found that only 11 were within 10% of the CBD amount on the label, and 55% had measurable levels of THC or CBN, both controlled substances.
• Vapes and sweets. Talk to Frank warns that vape products sold as containing CBD or THC might contain synthetic cannabinoids or other drugs instead, and that edibles, especially sweets, sometimes contain them too.
• “Hemp-derived THC”. Delta-8 THC, THC-O and similar products are often marketed as hemp products. They are designed to deliver a controlled cannabinoid, so they are illegal in the UK whatever plant they came from. See delta-8 THC in the UK.

The simplest protection is to buy CBD with a batch lab report from an accredited lab. Our guide to reading CBD lab reports shows what to check.

Skunk, potency and why strength matters

“Skunk” is the name given to particular strains of herbal cannabis that are very strong. According to Talk to Frank, the government’s drugs advice service, skunk and other strong cannabis contain high levels of THC but very little or no CBD, and you can’t judge the balance by looking at it or smelling it.

That matters because THC is what causes the effects and the risks. Talk to Frank says cannabis can cause hours or days of anxiety, paranoia and hallucinations, can increase the chance of developing illnesses like schizophrenia (especially with a family history of mental illness or use in the teenage years), and can cause a serious relapse in people with psychotic illnesses.

Hemp is at the opposite end of the scale: bred to keep THC as low as possible. If you are worried about your own or someone else’s cannabis use, your GP is a good place to start, or call FRANK free on 0300 123 6600.

Uses of hemp vs marijuana

Hemp is a big farm crop in Europe. The European Commission reports that the EU area grown for hemp fibre rose from 20,540 hectares in 2015 to 33,020 hectares in 2022, with France producing more than 60% of the EU’s hemp. De-hulled hemp seeds are eaten as food and whole seeds are used as animal feed.

Prescribed cannabis medicines are a separate world from shop-bought CBD. Since 1 November 2018, specialist doctors in the UK have been able to prescribe cannabis-based products for medicinal use, but very few people get one on the NHS. See medical cannabis in the UK.

Is hemp legal in the UK?

Hemp is legal to grow in the UK only under a Home Office licence, and only its seeds and fibre can be used. Hemp seed foods are legal to buy. Hemp flowers and leaves are controlled, while CBD products are legal when they meet the Home Office and FSA rules. Here is how each part works.

Cannabis (marijuana)

• Cannabis is a Class B drug. Possession can mean up to 5 years in prison, an unlimited fine or both, and supply or production up to 14 years.
• For cannabis, police can also give a warning or an on-the-spot fine of up to £90.
• Medical cannabis is the exception: it is legal when prescribed by a specialist doctor.

Growing hemp

• You need a Home Office licence. It is an offence to grow any plant of the genus Cannabis without one, and each grower and site must be licensed individually. That rules out growing hemp at home.
• Only approved low-THC varieties (0.2% THC or less) can be grown.
• Only seeds and fibre can be used. UK hemp licences cover the seeds and the mature stalk only. The Home Office says its policy “does not allow for use of ‘green’ material”, meaning the leaves and flowers, because these are controlled parts of the plant. So UK farmers can’t use them to make CBD.
• Licences now last longer. From the 2026 growing season, outdoor industrial hemp licences are typically issued for 6 growing seasons, with an annual review statement.

Hemp flower, buds and smoking hemp

Under UK drugs law, cannabis means the plant or any part of it, with limited exceptions: the mature stalk, the fibre from it and the seeds. Hemp flowers and leaves are not on that list, so “CBD buds”, hemp flower and hemp sold for smoking are treated as cannabis, however low the THC. Lab results don’t change that. Smoking or vaping hemp isn’t a safe way to take CBD either; see why you shouldn’t vape CBD oil.

Hemp foods and teas

Food law and drugs law are separate. The Food Standards Agency (FSA) says hemp seeds, hemp seed oil, ground hemp seeds and partially defatted hemp seeds are not novel foods, so they can be sold like any other food. It also lists a water infusion of hemp leaves, without the flowering tops, as not novel. Under drugs law, though, the leaves are still a controlled part of the plant, so loose hemp leaf teas are far less clear-cut than hemp seed foods. Our guide to CBD tea vs hemp tea compares the options.

CBD products

Pure CBD is not a controlled drug. CBD products are legal when they meet the Home Office “exempt product” conditions, including the 1mg per container limit on THC and other controlled cannabinoids. In England and Wales, CBD foods are also novel foods that must be linked to an application on the FSA’s public list. Any products that are not on the list must be withdrawn from the market. In September 2026 the FSA recommended the first CBD authorisations; see the FSA’s first CBD approvals explained. For the full picture, read is CBD legal in the UK?

Travelling? Many countries don’t make the hemp and cannabis distinction the UK does. Check where CBD is legal and banned before you pack any CBD.

Where does CBD come from?

CBD is extracted mainly from the flowers and leaves of hemp. Because UK licences don’t allow the use of those parts, most CBD extract used in UK products is produced from hemp grown abroad and imported as a refined extract. Producers then remove the THC to make broad spectrum or isolate products. See how CBD oil is made and full spectrum vs broad spectrum vs isolate.

Our Broad Spectrum CBD Oil, capsules and Evolabs oils use broad spectrum, hemp-derived CBD with 0% THC. They are on the FSA public list, and every batch is tested by an independent ISO 17025 accredited laboratory. You can request the report for any batch on our lab testing page.

The FSA’s 10mg a day figure is precautionary advice rather than a legal limit, set while longer-term safety research continues. At Evopure we think it is a very cautious figure, and many adults use more. If you go above it, increase slowly, and check with your GP or pharmacist first if you take any medication.

Our products are for adults (18+) only. We don’t recommend our products during pregnancy or breastfeeding.

Hemp seed oil vs CBD oil

Hemp seed oil is pressed from hemp seeds and contains little or no CBD. It is a food and skincare oil, sold like any other cooking oil. CBD oil is hemp extract in a carrier oil, with the CBD amount stated in mg, and it falls under the novel food rules above. “Cannabis oil” sold for its THC is different again, and is illegal unless prescribed. If a label shows no CBD in mg, it is almost certainly hemp seed oil. Our full comparison is in hemp oil vs CBD oil.

Will hemp show up on a drug test?

Standard UK drug tests at work, at the roadside and in sport look for THC and its breakdown products, not CBD or hemp as such. Hemp seed foods carry very little risk. The risk comes from trace THC in CBD products: full spectrum oils can cause a positive result, and some products sold as THC-free have been found to contain it. Broad spectrum and isolate products lower the risk, but no CBD product can guarantee a negative test. See does CBD show up on a drug test?

Video: the difference between hemp and marijuana

Our short explainer on how hemp and marijuana differ, and why it matters for CBD.

Related guides

• For how the THC is stripped out to leave pure CBD, see what is CBD isolate?.
• For the UK rules on THC in CBD products, see full spectrum CBD oil in the UK.
• The same licence rules shape what “British” CBD means: our guide to CBD oil made in the UK explains the difference between UK made and UK grown.