Regulatory differences between cannabis-derived and hemp-derived vapes start with federal definitions. The 2018 Farm Bill removed “hemp” from the Controlled Substances Act (CSA) and defined it as cannabis and derivatives containing no more than 0.3% delta-9 THC by dry weight; anything above that remains “marijuana” under federal law. As a result, hemp-derived CBD and hemp-derived delta-9 within the 0.3% limit are not controlled substances, while marijuana-derived THC vapes remain controlled, unless and until federal scheduling changes. These baseline definitions come from FDA and Congressional Research Service summaries of the Farm Bill.
Status of rescheduling: In May 2024, the Department of Justice proposed moving marijuana to Schedule III, but as of November 2025, the process is still pending through hearings and appeals, so no federal change has taken effect. Practically, that means state-licensed THC vapes exist only under state law frameworks, while hemp vapes live under the Farm Bill definition plus state consumer product rules.
FDA oversight diverges. The FDA’s Center for Tobacco Products regulates nicotine e-cigarettes, not cannabis vapes. For hemp-derived CBD more broadly, the FDA has repeatedly said CBD may not be marketed as a dietary supplement or added to foods and has issued warning letters for unapproved claims while calling on Congress to craft a tailored framework—highlighting a regulatory gap for CBD vape liquids. THC vapes in state markets are overseen primarily by state cannabis agencies, not the FDA. None of these positions authorize CBD vapes as approved drugs or devices today.
Shipping and age-gating rules overlap. Congress extended the Prevent All Cigarette Trafficking (PACT) Act to “ENDS” products in 2021, and USPS issued a final rule generally barring direct-to-consumer mailing of vapes—including hemp/CBD devices and cartridges—outside narrow exceptions. Both cannabis and hemp-vape sellers typically rely on private carriers with adult signatures, registration, and state tax compliance.
State patchwork is where the split becomes stark. Cannabis-derived THC vapes are sold only in licensed dispensaries and banned outright in prohibition states. Hemp-derived vapes face a fast-moving mosaic: many states restrict or ban “intoxicating hemp” such as delta-8 or synthesized delta-9, cap total THC per serving, or limit youth-appealing flavors. For example, Colorado, Iowa, and Minnesota cap THC milligrams in hemp products; Arizona’s attorney general has said non-licensed retailers cannot sell delta-8; and Texas in 2025 banned the sale, marketing, and advertising of cannabinoid-containing vape pens.
Testing, labeling, and marketing differ, too. State cannabis systems typically require licensed lab testing (potency, residual solvents, heavy metals), batch IDs and seed-to-sale tracking, ingredient panels, child-resistant packaging, and marketing restrictions. Hemp-vape standards vary: some states import cannabis-style testing and QR-coded certificates of analysis, while others lean largely on the 0.3% delta-9 definition without comprehensive safety rules—one reason FDA continues to police misleading CBD claims. Public health and legal research groups emphasize that this patchwork shifts rapidly.
Bottom line for readers: If a vape contains marijuana-derived THC, assume it is legal only inside the state system that permits it and never legal to ship across state lines. If it is hemp-derived, confirm (1) total THC content and whether any delta-9 was created via isomerization, (2) state-specific limits or bans, and (3) third-party testing that matches the labeled batch. Finally, keep an eye on federal rescheduling: even if marijuana moves to Schedule III, it would not automatically legalize adult-use cannabis or allow interstate sales, though it could ease research and certain tax burdens.