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There’s a persistent misconception about hemp-derived THC: that it exists in a legal gray area, a convenient workaround for cannabis brands trying to skirt regulation. That framing isn’t just lazy—it’s wrong. What we’re seeing with hemp-derived THC is not a loophole. It’s the result of a clear and specific legal distinction that’s expanding access to cannabis in ways the traditional industry still hasn’t managed.
This shift traces back to the 2018 Farm Bill, which federally legalized hemp by defining it as cannabis containing less than 0.3 percent THC. That 0.3 percent figure isn’t based on science or user experience; it was a legislative compromise. But it created a powerful legal opening: a way for cannabis products to include THC and still be federally compliant, as long as they meet that dry weight threshold.
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And here’s what matters most: hemp and marijuana are biologically the same plant—Cannabis sativa. The difference isn’t botanical, it’s legal. “Hemp” is simply cannabis with less than 0.3 percent THC. That’s it. Genetically and chemically, it’s the same plant.
This distinction has allowed brands like Miss Grass to formulate products that are federally legal and still deliver a meaningful cannabis experience. A 4.5-gram gummy, for example, can legally contain up to 13.5 milligrams of Delta-9 THC. Our Jewels gummies contain either 5 or 10 milligrams each and are compliant, precisely dosed, and effective.
Delta-9 THC is Delta-9 THC. It doesn’t matter whether it comes from hemp or marijuana; the molecule is identical. The only difference is how the law classifies the source. That technicality has huge implications: in one context, it’s a felony. In another, it’s a wellness product. The science doesn’t change, but the rules do, and for consumers, that creates confusion.
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What’s happening now is that a parallel market is emerging—federally legal, often sold online, and available in places where cannabis laws remain restrictive. This market isn’t about cutting corners. It’s about meeting real demand in a flawed system. The licensed cannabis industry is still saddled with high taxes, rigid marketing rules, and state-by-state fragmentation. Meanwhile, hemp-derived products offer something the regulated market often can’t: access.
That access matters. It matters for consumers who can’t walk into a dispensary because of geography or legal status. It matters for brands that don’t have millions in venture backing to navigate the licensing gauntlet. And it matters for the normalization of cannabis more broadly, because it brings THC products into everyday retail spaces, making the plant more visible and more accepted.
Of course, this isn’t a perfect solution. The regulatory framework around hemp-derived THC is still evolving. There is confusion at the state level, inconsistency in enforcement, and a plethora of subpar products in the mix. But that’s all the more reason to have serious conversations about what responsible cannabis access should look like, not to dismiss hemp-derived products outright.
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What’s frustrating is how often this space is treated as illegitimate. But the popularity of these products is telling us something: people want access to cannabis. They want quality, transparency, and legality. And in the absence of federal cannabis reform, hemp-derived THC is filling the gap.
At Miss Grass, we’re not abandoning the dispensary model. We believe in a licensed, regulated industry that works. But we also believe in reality. Hemp-derived THC products are here, and they’re helping more people experience the plant on their terms.
This isn’t about loopholes. It’s about possibilities. If anything, the strange legal overlap between so-called hemp and marijuana should be a call to rethink how we regulate this plant altogether. Until we get there, brands like ours will keep pushing forward, committed to education and the truth: cannabis is cannabis, and everyone deserves access to it.
*This article was submitted a guest contributor. The author is solely responsible for the content.