In 2018, the Agriculture Improvement Act (also known as
the 2018 Farm Bill)
legalized hemp (and "any part of that plant, including the seeds thereof and all derivatives, extracts,
cannabinoids…"),
provided it contains no more than 0.3 percent THC on a dry weight basis. Thanks to this change in definition, hemp is
no longer classified under the Controlled Substances Act (CSA).
On the other hand, marijuana is a legal term that defines plants and products that do contain over 0.3 percent THC on a dry weight basis. Although many states have legalized marijuana for medicinal and/or recreational adult purposes, as of this writing, at the federal level, marijuana is still illegal and regulated under the CSA.
Technically, both marijuana and hemp are the very same species of plant — Cannabis sativa L. However, hemp has been bred specifically for its naturally low THC levels, which means hemp is now legally cultivated, sold, and enjoyed across the country.
How is THC Legal?
Here is where it gets confusing. Under the 2018 Farm Bill, hemp and its derivatives are federally legal if they contain no more than 0.3 percent delta-9 THC by dry weight.
Importantly, this regulation doesn't limit the actual milligram amount of THC, only its proportion relative to the product's dry weight. This is especially pertinent to hemp products like edibles and gummies.
But what about vapes? Many
hemp-derived vapes contain
alternative cannabinoids. Think
HHC, Delta-8,
THCA liquid diamonds, and the like. Regulations for other hemp-derived cannabinoid products like Delta-8 THC or THCA liquid diamonds are less stringent than they are for Delta-9. Both of these compounds are still in the THC family of cannabinoids but are structurally different enough that they
don't fall under the same restrictions at any concentration.
Just keep in mind that state laws may impose additional restrictions on these hemp-derived cannabinoids, so you'll want to do your research before takeoff.
Flying with Hemp Products: General Guidelines for Vapes on Planes