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Hemp vs. Marijuana

First and foremost: Hemp CBD is not marijuana. Marijuana is not hemp. This is one of the most important facts to KNOW AND SHARE because people are unaware that they are different. Oftentimes people believe that hemp is the male plant of marijuana. This is false.

Hemp and marijuana are both cannabis. But, hemp and marijuana are different varieties of the Cannabis sativa species.

This confusion exists because marijuana was created by selectively breeding Indian hemp for Tetrahyrdocannabinol (THC). THC is the major differentiating factor between hemp and marijuana.

What is the difference between hemp and marijuana?
  Hemp Marijuana
THC Concentration Low (Less than 0.3% THC by law) High (More than 0.3%  THC by law; normally 5% to 30% THC)
CBD Concentration High Low
Psychoactive No Yes
Female Plant Role Produce seeds or flowers Produce seeds and flowers, but seeds not desired except for reproduction
Male Plant Role Strong fibers, pollinate plant for seeds. Removal desired when growing for CBD. Will pollinate female. Removal necessary.
Growing Strategy Outdoor row crop or greenhouse. Normally seeded, but cloning possible for CBD Normally indoor or greenhouse. Commonly cloned.
Products CBD extracts, health foods, cosmetics, composites, building materials, plastics, industrial oils, paper, textiles Leafy material, THC extract, CBD extract, other finished marijuana products (candy, drinks, etc)
Growing for Phytocannabinoids

The major similarity when growing hemp and marijuana is when growing for the cannabinoids. In hemp’s case, farmers grow for the CBD and other minor cannabinoids, but legally require less than 0.3% of the cannabinoid THC. As for marijuana, unless growing for a particular ratio of THC : CBD, growers want the highest concentrations of THC and CBD possible. Because these production schemes both desire high concentrations of cannabinoids found in the floral material; the current growing conditions are similar.

Just like a marijuana grower, a hemp farmer growing for high concentrations of CBD would want to remove the male plants from the field or facility before pollination. This allows for less seed and higher concentrations of phytocannabinoids in each plant. Under this growing condition, hemp grown for phytocannabinoids like CBD commonly resembles marijuana production patterns.

Conversely, European growing conditions for CBD resemble fiber conditions and the crop is often dual harvested for fiber and CBD. This CBD is produced at lower concentrations in the tops of fiber varieties. This method creates a dual-purpose production system and resembles densely-packed hemp fiber production as opposed to bushy, flowering marijuana.

Regulatory Environment

In the regulatory realm, technically anything containing (even the minutest) concentrations of tetrahyrdocannabinol (THC) are regulated under the Drug Enforcement Agency’s Controlled Substance Act; however, the federal government allows states to create their own cannabis policies.

For this reason, certain states have passed legislation for recreational and/or medical marijuana as well as the legal production of industrial hemp. The 2014 Farm Bill protects hemp production for research purposes and pilot scales within universities and State departments of agriculture. This is a federal bill.

The 2015 and 2016 Omnibus Bills (Federal Spending Bill) also contain strategic language that prohibits the DEA from using federal dollars to block research, production and sales of both hemp and marijuana.

Marijuana’s raw materials and finished products can only be sold within its state of production. Conversely, hemp raw materials can be sold across state lines to individuals participating in their state’s Hemp Pilot Program, with approval from their State’s department of agriculture. In addition, hemp-derived finished products can be sold throughout the U.S.

Click here to see if CBD is legal in your State

Federal Action

The 2018 Farm Bill changed federal policy regarding industrial hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product. The bill legalized hemp under certain restrictions and expanded the definition of industrial hemp from the last 2014 Farm Bill. The bill also allows states and tribes to submit a plan and apply for primary regulatory authority over the production of hemp in their state or in their tribal territory. A state plan must include certain requirements, such as keeping track of land, testing methods,  and disposal of plants or products that exceed the allowed THC concentration.

Previously, the 2014 Farm Bill defined industrial hemp and allowed for state departments of agriculture or universities to grow and produce hemp as part of research or pilot programs. Specifically, the law allowed universities and state departments of agriculture to grow or cultivate industrial hemp if:

(1) the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and

(2) the growing or cultivating of industrial hemp is allowed under the laws of the state in which such institution of higher education or state department of agriculture is located and such research occurs.”

The U.S. Department of Agriculture, in consultation with the U.S. Drug Enforcement Agency (DEA) and the U.S. Food and Drug Administration, released a Statement of Principles on Industrial Hemp in the Federal Register on Aug 12, 2016,  on the applicable activities related to hemp in the 2014 Farm Bill.

State Action

State policymakers have taken action to address various policy issues — the definition of hemp, licensure of growers, regulation and certification of seeds, state-wide commissions and legal protection of growers. At least 47 states have enacted legislation to establish industrial hemp cultivation and production programs.

2018 Legislation Update

At least 38 states considered legislation related to industrial hemp in 2018. These bills ranged from clarifying existing laws to establishing new licensing requirements and programs. At least six states—Alaska, Arizona, Kansas, Missouri, New Jersey and Oklahoma—enacted legislation in 2018 establishing hemp research and industrial hemp pilot programs. Georgia created the House Study Committee on Industrial Hemp Production. States, already allowing for industrial hemp programs, continued to consider policies related to licensure, funding, seed certification, and other issues. For example, Tennessee amended its Commercial Feed Law to include hemp.

2017 Legislation Update

38 states and Puerto Rico considered legislation related to industrial hemp in 2017. These bills ranged from clarifying existing laws to establishing new licensing requirements and programs. At least 15 states enacted legislation in 2017—Arkansas, Colorado, Florida, Hawaii, North Dakota, Nevada, New York, Oregon, South Carolina, Tennessee, Virginia, Washington, West Virginia, Wisconsin and Wyoming. At least four states—Florida, Nevada, New Mexico and Wisconsin—authorized new research or pilot programs. State Laws Related to Industrial Hemp

For a summary of state laws related to industrial hemp, CLICK HERE for a complete list of state statutes.

Always consult your physician before taking CBD.

Generally, CBD is well tolerated. However, CBD use also carries some risks and can cause side effects, such as dry mouth, diarrhea, reduced appetite, drowsiness and fatigue. CBD can also interact with other medications, such as blood thinners. Always check with your doctor before use. Another cause for concern is the unreliability of the purity & dosage of CBD in products. Not so with Herbily Ever After! We 3rd Party Test all CBD products, and list them on our website.

Always consult your physician before taking CBD.

We cannot make any claims on whether or not any of our products will show up on a drug test.  It really depends on the amount of milligrams ingested and the complexity of the drug testing apparatus.

However, we can educate you on the different types of CBD and the THC content of each type, listed below.

We are not legally able to make any recommendations or guarantees regarding drug tests on THC free or Full Spectrum products. If that is a concern, we would recommend not consuming any CBD products and/or doing some further research at before making the decision to consume any CBD.

Always consult your physician before taking CBD.

Since we cannot offer advice on the health benefits of CBD, we recommend that you conduct your own research. Always consult your physician before taking CBD.

Before you purchase any CBD, you should know what the different types of CBD are.

  1. Full Spectrum
  2. Broad Spectrum
  3. Isolate


Always consult your physician before taking CBD.

Before you purchase any CBD, you should know what the different types of CBD are, in order to make an informed purchase.

  1. Full Spectrum
  2. Broad Spectrum
  3. Isolate


For a detailed comparison of all 3 CBD spectrums, open this link.

Most imported hemp oil comes from China or Eastern Europe, while we source our hemp from only premier partner farms here in America. It’s not that we don’t like imported hemp oil! It’s that most outside hemp oil doesn’t meet our strict standards in terms of transparency as to how the hemp is farmed, shipped, processed, and tested. Herbily Ever After™ ensures that your hemp is grown on soil containing no harmful chemicals (no pesticides and absolutely 0% lead!). We here at Herbily Ever After™ensure that your hemp oil is 100% pure, and use trusted, licensed American farms. In the United States, hemp farmers are required to be licensed farmers. This means that both our farms and the seeds used are inspected yearly, ensuring your wellness supplement is sourced from a clean plant, 100% free of harmful
chemicals or pesticides.

Herbily Ever After™ offers a risk-free trial. If you decide you don’t like it, no problem! You can return it for a full refund (30 days, no questions asked). No small samples. No gimmick or catch. We let you try the real deal and let you return it and get 100% of your money back, guaranteed!

By visiting farms and factories, Herbily Ever After™ is able to provide the most consistent, pure, premium hemp oil product, guaranteed. Herbily Ever After™ constantly uses third party testing to be ensure maximum potency of phytocannabinoids and is completely free of heavy metals, pesticides, and residual solvents.

Our hemp oils, hemp gummies, and hemp wellness formulations all come with a unique, award-winning flavor as well as world-class blends by renowned herbalists. We make sure that every customer enjoys every aspect of using an Herbily Ever After™ wellness product. For us, it’s a matter of pride!

We Care!

We are dedicated to giving back to the community!  15% of all sales proceeds go to Ray of Hope Cancer Foundation

Always consult your physician before taking CBD.

We cannot legal recommend a dosage that’s right for you.  But some studies show an effective dosage can range from as little as a few milligrams of CBD-enriched cannabis oil to a gram or more.

Begin with a small dose of high CBD, especially if you have little or no experience with CBDs. Take a few small doses over the course of the day rather than one big dose. Use the same dose and ratio for several days. Observe the effects and if necessary adjust the ratio or amount. Don’t overdo it. Cannabis compounds have biphasic properties, which means that low and high doses of the same substance can produce opposite effects.

Small doses of cannabis tend to stimulate; large doses sedate.  CBD has no known adverse side effects, but an excessive amount of CBD could be less effective therapeutically than a moderate dose. “Less is more” is often the case with respect to cannabis therapy.

For more information on dosages, go to our Education section, and then click on CBD Dosages.

Always consult your physician before taking CBD.

Yes! You can find test results located on each of our products. Please take a look for further verification of potency and purity.

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