What does it mean when a product has 0.3% THC?

According to federal law, hemp-derived products like cannabidiol (CBD) oil must contain 0.3% or less delta-9 tetrahydrocannabinol (THC) to be sold legally outside of licensed cannabis dispensaries.

Delta-9 THC is the main psychoactive compound in cannabis. And while many hemp products contain too little THC to cause intoxication, that’s not always the case.

As a cannabis consumer, it’s important to know what this 0.3% THC threshold can mean for you.

Understanding the 0.3% THC threshold

According to the Agriculture Improvement Act of 2018, also known as the 2018 Farm Bill, a cannabis product is not considered a controlled substance under federal law if it’s made from hemp. Hemp is a variety of cannabis that legally must contain 0.3% or less THC by dry weight.

Variations of cannabis that contain levels of THC above 0.3% are commonly referred to as marijuana, and are a Schedule I controlled substance under federal law.

This 0.3% threshold comes from a 1976 paper by Dr. Ernest Small, who recommended using a 0.3% THC cutoff to distinguish between high- and low-THC cannabis.

The U.S. government used this limit to classify any cannabis plant containing 0.3% THC or less as hemp. To comply with the law, hemp farmers breed cannabis plants that adhere to this threshold.

THC content is measured through a variety of methods. The most common method is high-performance liquid chromatography, which measures chemical compounds in a liquid solution.

This threshold is enforced by the United States Department of Agriculture (USDA) and the Drug Enforcement Administration (DEA). Individual states must comply with these laws by requiring that all hemp products produced within state lines undergo testing before they can be sold.

What does ‘dry weight’ mean?

By law, cannabis plants and extracts can only be tested for their THC content after all of their moisture has been removed.

Before moisture is removed, cannabis plants vary by weight depending on how much water they contain. This means that the weight-based percentage of THC can vary between two plants simply because one plant contains more water than the other.

By testing cannabis plants after they’ve been dried, there’s a consistent basis across all plants when determining their percentage of THC.

It’s important to note that manufacturers in the hemp industry aren’t always held to strict testing standards for measuring THC by dry weight, and some operate using legal loopholes to yield higher levels of THC in their products.

Do all CBD products have 0.3% THC?

Not all CBD products contain 0.3% THC.

Under federal law, CBD products cannot contain more than 0.3% THC, and  many CBD products contain less or even 0% THC.

There are three types of CBD products:

• Full-spectrum: Full-spectrum CBD products contain a hemp extract that retains all of the plant’s compounds, including its cannabinoids and terpenes.
• Broad-spectrum: Broad-spectrum CBD products contain most of the plant’s compounds, but all THC content has been removed.
• CBD isolate: CBD isolate products are made with a pure CBD extract. They contain no other plant compounds, such as THC, other cannabinoids, or terpenes.

Can 0.3% THC get you high?

Generally speaking, 0.3% THC is considered a trace amount. But in some cases, this amount can still cause a “high.”

As little as 3 to 5 milligrams (mg) of THC can cause intoxication in people who use cannabis infrequently, but this ultimately depends on individual tolerance and other factors.

A 0.3% THC limit could equal up to 3 mg of THC per gram of hemp flower. By comparison, most marijuana flower contains between 15% and 20% THC, or 150 and 200 mg of THC per gram.

This can get more complex for other types of hemp-derived CBD products, like edibles.  Some companies make products with serving sizes large enough to legally contain amounts of THC  that produce a high, despite complying with the 0.3% threshold.

For example, a “CBD” gummy weighing 3 grams could legally contain up to 9 mg of THC.

Also, despite strict laws on the 0.3% THC limit, federally legal hemp products are held to lower regulatory and labeling standards than cannabis products sold in licensed dispensaries. This leaves room for hemp manufacturers to exploit certain legal loopholes or label products inaccurately.

For example, a hemp product may contain only 0.3% delta-9 THC but also contain a high amount of another intoxicating cannabinoid, like delta-8 THC. So, although this product complies with federal law, it can still get you high.

This is why it’s important to read hemp product labels carefully and only purchase from trusted sources. It’s often best to purchase cannabis products sold in licensed dispensaries, as they’re much more strictly regulated.

Can 0.3% THC show in a urine test?

While unlikely, hemp products containing 0.3% THC may trigger a positive urine-based drug test result.

Whether 0.3% THC can trigger a positive test result depends on a few factors, including:

• How much total THC was consumed: Consuming large doses of 0.3% THC hemp products over a long period of time may lead to a buildup of THC metabolites in your urine. While still low, this amount may be just enough to trigger a positive test result.
• When you last consumed it: The more recently you consumed a hemp product containing THC, the more likely it is to lead to a positive test result.
• How your body metabolizes THC: Some people’s bodies may break down THC more slowly than others.
• Whether the hemp product contains other forms of THC: Other hemp-derived forms of THC, including delta-8 THC, tetrahydrocannabiphorol (THCP), and hexahydrocannabinol (HHC), break down into the same metabolites as delta-9 THC. Drug tests screen for these metabolites, so consuming a hemp product that contains any of these forms of THC is very likely to trigger a positive test result.
• Whether the hemp product was labeled accurately: Some hemp products may contain more THC than stated on the label due to inconsistent regulatory standards. This means that you may end up consuming more THC than you think, which may be enough to trigger a positive test result.

If you’re a CBD user who wants to lower your risk of failing a urine test, consider CBD isolate or broad-spectrum products, which have the THC content removed.

What the 0.3% THC threshold means for you

By law, hemp products are required to contain a maximum of 0.3% delta-9 THC by dry weight.

Even as most hemp companies adhere to this 0.3% THC limit, some legal hemp products can still get you high because of gray areas surrounding serving sizes, weight-based measurements, and other intoxicating cannabinoids like delta-8 THC.

At the same time, certain hemp products may contain more than 0.3% THC due to inaccurate labeling and poor regulatory standards.

To learn more about the best products for your needs or to unlock access to regulated medical cannabis products, schedule an appointment with a Leafwell provider to get your medical card.

Resources

• 2018 Farm Bill. https://www.ers.usda.gov/topics/farm-bill/2018-farm-bill
• A practical and natural taxonomy for cannabis. https://www.jstor.org/stable/1220524
• Marijuana toxicity. https://www.ncbi.nlm.nih.gov/books/NBK430823/
• Pharmacodynamic dose effects of oral cannabis ingestion in healthy adults who infrequently use cannabis. https://pmc.ncbi.nlm.nih.gov/articles/PMC8221366/
• Understanding THC concentration and potency. https://lcb.wa.gov/education/understanding_thc_concentration_and_potency