Does Hemp Get You High? Hemp vs Marijuana, Explained
Evidence-based answer reviewed against SAMHSA cutoffs and FDA assay documentation · Updated September 2026
Quick answer: Hemp and marijuana are the same plant species (Cannabis sativa) distinguished only by THC content: hemp is legally defined as under 0.3% delta-9 THC. That trace amount cannot intoxicate — but hemp products can still fail a drug test.
The 0.3% line
The 2018 Farm Bill made hemp (Cannabis sativa with ≤0.3% delta-9 THC by dry weight) federally legal. Marijuana is anything above that line. Same plant, different legal bucket — and the distinction matters for testing.
Can hemp get you high?
No. 0.3% THC is far below the intoxication threshold — you would need to consume an absurd amount to feel anything, and legal hemp is bred for CBD, not THC. But delta-8 THC and other hemp-derived isomers are a different story: they are psychoactive and can absolutely produce a high.
Hemp and drug tests
Here is the trap: standard immunoassay screens do not distinguish delta-9 THC from delta-8 or other THC isomers — they flag the shared THC-COOH metabolite. Daily CBD oil users occasionally exceed the 50 ng/mL screening cutoff; full-spectrum products with trace THC are the usual culprit. If you use hemp products and face a test, disclose them and be ready for confirmation testing.
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Sources & further reading
- SAMHSA — Mandatory Guidelines for Federal Workplace Drug Testing Programs (cutoffs, MRO process)
- DOT — 49 CFR Part 40 procedures for transportation workplace testing
- Brahm NC et al., Mayo Clinic Proceedings 2008;83(1):66–76 — false-positive cross-reactivity reference
- FDA — drug-of-abuse test device labeling (detection window conventions)