The 2018 Farm Bill legalized hemp and its cannabinoids on a federal level. Each state has its own law regulating hemp, cannabis, and marijuana. Prior to the 2018 Farm Bill, hemp and marijuana were both categorized as a Schedule 1 drug. However, a bright line rule was established by the Farm Bill which distinguished marijuana from hemp which centers around the amount of Delta-9 THC within the plant. 

If the concentration of Delta-9 THC of the cannabis plant is under 0.3% on a dry weight basis, the plant is categorized as hemp. On the other hand, any cannabis plant that has a concentration exceeding 0.3% Delta-9 THC on a dry weight basis is categorized as marijuana.

For a finished product to qualify as a hemp derived product, it must meet a two-prong test. First, it must be under 0.3% Delta 9 on a dry weight basis. Second, a manufacturer must prove the cannabinoids are, in fact, derived from a hemp plant.

Therefore, products with under 0.3% Delta 9 on a dry weight basis are considered a hemp product so long as the cannabinoids can be sourced from hemp. Sherpa diligently sources its raw ingredients from the most credible laboratories in the United States, and maintain notarized affidavits in order to prove the cannabinoids are hemp derived. We ensure that every Sherpa product stays well below the 0.3% Delta 9 threshold.