Cannabis is a Schedule I controlled substance under federal law. Hemp is not. The 2018 Farm Bill removed hemp from the Controlled Substances Act, and hemp is now treated as an agricultural commodity. Marijuana, defined in federal law as cannabis with more than 0.3 percent delta-9 THC on a dry weight basis, remains illegal at the federal level.

Schedule I under the Controlled Substances Act

The Controlled Substances Act places cannabis in Schedule I at 21 U.S.C. § 812. Schedule I drugs have no accepted medical use and the highest abuse potential under DEA rules. Other Schedule I drugs include heroin and LSD. The DEA lists marijuana as Schedule I on its drug fact sheets.

Hemp is not Schedule I

The Agriculture Improvement Act of 2018 changed the definition of marijuana in 21 U.S.C. § 802(16) to exclude hemp. Hemp is Cannabis sativa L. with a delta-9 THC concentration of 0.3 percent or less on a dry weight basis. USDA runs the domestic hemp production program. States and tribes submit plans for approval or use the federal plan.

CBD and the FDA

The FDA has not approved CBD as a food ingredient or a dietary supplement. The agency approved one CBD drug, Epidiolex, for two forms of epilepsy. Because CBD is an active ingredient in an approved drug, the FDA says it cannot be added to food or marketed as a supplement under current rules. The FDA has sent warning letters for disease claims. In January 2023 the agency said existing rules do not fit CBD and asked Congress for a new pathway. No final rule exists as of 2025.

State law and federal enforcement

Most states allow medical cannabis. As of 2025, 24 states and the District of Columbia allow adult use. State licenses do not change federal status. A congressional appropriations rider, first passed in 2014, blocks the Justice Department from spending funds to stop states from carrying out medical cannabis laws. The rider must be renewed each budget cycle. The Cole Memo, which guided federal prosecutors from 2013, was rescinded in January 2018.

Rescheduling is proposed, not final

In 2023 the Department of Health and Human Services recommended moving cannabis to Schedule III. The DEA published a proposed rule in May 2024 to do that. The rule is not final. Public hearings were held, and the process can take months or years. Schedule III would not legalize cannabis. It would change tax and research rules. Hemp would stay outside the CSA.

What this means for CBD buyers

Hemp CBD with 0.3 percent delta-9 THC or less is legal under federal law. State rules differ. Some states restrict CBD sales, and several have banned hemp-derived delta-8 THC. The FDA does not verify CBD labels. Third-party lab tests are the practical check. Look for a batch number, a test date, and results for cannabinoid content, heavy metals, pesticides, and residual solvents.