cannabis-derived product
A cannabis-derived product is content on the market that comes from the cannabis plant. While products that come from a cannabis plant with under 0.3% tetrahydrocannabinol (THC) are classified as hemp and federally legal, products from the cannabis plant that are above the 0.3% THC threshold would be considered to be marijuana and are classified as Schedule I under the Controlled Substances Act. During growth, cannabis plants fall under the U.S. Department of Agriculture’s (USDA) jurisdiction; however, after harvest, products that come from the plant fall under the Food and Drug Administration’s (FDA) jurisdiction.
The FDA maintains that it has regulatory authority over cannabis-derived products under the Food, Drug, and Cosmetic Act (FDCA). The FDA often exerts its regulatory control over the cannabis-derived product market by issuing warning letters. One of the most common cannabis-derived products on the market is cannabidiol (CBD). Manufacturers of CBD regularly receive warning letters from the FDA if their products contain unproven claims.
An area of ambiguity is how synthetic cannabinoids, such as delta-8 THC, should be regulated. Delta-8 THC is typically produced from federally-compliant hemp, but it is chemically very similar to marijuana. Courts have not effectively resolved this dispute. See also: controlled substance analogue.
[Last reviewed in April of 2026 by the Wex Definitions Team]
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