The laws around CBD– and marijuana in general– are rapidly changing. Here's the latest information on the legality of CBD in Ohio. Is delta-8 THC legal to buy in Ohio? Find out how you can safely buy hemp delta-8 products in OH.
Is CBD legal in Ohio?
Cannabidiol (CBD) has become increasingly popular and in-demand in the last few years. It can be found as an active ingredient in lotions and oils. It is also used in consumables that can range from tasty desserts to a daily vitamin gummy. They are available to buy online and, more recently, shops have started opening that only offer CBD products. As of 2019, the use of CBD oil has been decriminalized in Ohio.
However, it doesn’t mean that you should buy it or that it is safe just because it is decriminalized. What is CBD oil? Can it help those who use it? If it’s decriminalized, does that mean it is legal to purchase and consume? Here is some more guidance on this substance.
What Is CBD Oil?
Cannabis and marijuana are words that are used to describe the same thing. You know that CBD oil is associated with the drug but what exactly is it and where does it come from? CBD is a chemical compound and it is the second most common active ingredient in cannabis. It is also an essential part of medical marijuana that is sold legally in some states.
CBD oil can be derived from either a marijuana plant or a hemp plant. Hundreds of components are found in both of these plants. CBD is just one small part. Once CBD is extracted from the plant it is usually collected in an oil form. This oil is then sold as-is or it is added to other products like lotions and edibles. CBD does not cause the “high” that is usually associated with cannabis or marijuana.
Is CBD Oil Safe?
There is scientific evidence that CBD oil can help certain conditions including:
- Anxiety. CBD has been noted to help those with anxiety calm down a bit and lessen their worries.
- Insomnia. There is promising evidence that taking CBD oil and help people with both falling asleep and staying asleep.
- Chronic pain. Studies have been conducted in animals that show applying CBD on the skin through lotion can lower pain and reduce inflammation. This is good news for people with conditions like neuropathy and arthritis.
- Childhood epilepsy seizures. Evidence shows that this is especially true in kids who have seizures that do not respond well to anti-seizure medicines. Generally, these people take the oil by adding a few drops to a drink or directly apply oil to their tongue.
The U.S. Food and Drug Administration (FDA) has indirectly endorsed the benefits of CBD oil. In 2018 they approved a drug that contained CBD oil and extracts from a marijuana plant. The medicine is to help treat a rare and severe form of epilepsy that commonly appears in children.
While the use of CBD oil is generally safe, there are a few known side-effects. These include nausea, irritability, and fatigue. It can also interact with certain medications like blood thinners. For this reason, you should always consult with your doctor before starting a new medicine or supplement that contains CBD.
Federal and Ohio CBD Oil Laws and Regulations
CBD oil is readily available and most states in the U.S. have legalized its use in some way. In 2019, the Ohio legislature passed a law that decriminalized all hemp use in the state. This law eliminated confusion on several factors including:
- It allows retailers to sell CBD oil that is derived from hemp and contains less than .3% of THC to be sold
- It is legal for Ohio farmers to grow and process hemp
- It established a licensing system for farmers to follow if they want to get into the industrial hemp business
- It assigns state leadership by designating the Ohio Department of Agriculture as the authority to create all regulations regarding hemp and to assign licenses
- It allows state universities to cultivate and process hemp for research purposes
As with all drug laws, the federal government has its own regulations and each state can also make individual laws. The federal government’s take on CBD oil is confusing. It ultimately comes down to the source of the CBD in question. There should be no issues if the oil was extracted from a hemp plant. However, you could face fines if you are convicted of a federal drug charge for CBD oil that was extracted from a marijuana plant.
However, these types of federal charges are rare and it is unlikely that an individual would be federally prosecuted for having CBD oil that was derived from a marijuana plant. Sellers of CBD oil from this source would more likely be the target of any government raid or fine.
Contact the Cincinnati Drug Crimes Attorneys at Suhre & Associates, LLC For Help Today
For more information, contact the drug crimes attorneys at Suhre & Associates, LLC give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
Is Delta-8 THC Legal in Ohio?
Not even the DEA is stopping delta-8 from being legal in Ohio.
Hemp-derived delta-8 THC and its products are legal to use, possess, sell, distribute, produce, and manufacture in Ohio. Why? Because state law falls in line with the 2018 Farm Bill, a groundbreaking piece of legislation legalizing hemp and hemp-derived cannabinoids on the federal level.
Legal hemp-derived compounds include all hemp derivatives, tetrahydrocannabinols, cannabinoids, terpenes, flavonoids, and salts. This includes delta-8 THC.
The only hemp-derived tetrahydrocannabinol not legal on the state or federal level is delta-9 THC. It’s a federally controlled substance under Schedule I of the Controlled Substances Act. Legal hemp can only carry 0.3% delta-9 THC.
Is delta-8 legal in Ohio?
- Under state and federal law, delta-8 THC is legal to purchase, use, possess, distribute, sell, and produce in the State of Ohio
- Medical marijuana is also legal with some restrictions — delta-8 found naturally in medical marijuana is technically legal too
- You can purchase hemp-derived delta-8 products online and in retail stores
- You can travel into Ohio with hemp-derived delta-8 — but you cannot travel into Ohio with marijuana-derived delta-8
- There’s currently no upcoming state legislation seeking to change delta-8’s legality in Ohio. However, the federal government and DEA might place it as a controlled substance.
The legislation on delta-8 in Ohio
In mid-2019, Governor Mike DeWine signed Ohio Senate Bill 57, a significant piece of legislation that legalized hemp and hemp-derived compounds in line with the federal Farm Bill. Delta-8, CBD, and CBN were among the legalized cannabinoids, paving the way for complete, unrestricted access to hemp-derived products within the state.
As a result of this legislation, hemp-derived delta-8 was removed from its list of controlled substances, meaning it’s legal across the state.
Is recreational and medical marijuana legal in Ohio?
Medical marijuana is legal in Ohio. Recreational marijuana is not legal. However, since 1975, possession of up to 100 grams of cannabis has been decriminalized.
On June 8, 2016, Governor John Kasich signed HB. 523 legalizing medical marijuana and creating the state’s Medical Marijuana Control Program.
Medical cannabis is available to qualifying patients with a physician’s recommendation. Qualifying conditions include AIDS, Alzheimer’s, fibromyalgia, hepatitis C, and PTSD.
Registered medical cannabis patients can purchase a 45-day supply from licensed dispensaries.
Does this mean delta-8 THC derived from marijuana is legal in Ohio?
Technically, delta-8 found naturally in medical cannabis is legal, provided you’re a qualifying patient with a physician’s recommendation. It is not legal on a recreational level if derived from marijuana.
Buying delta-8 in Ohio
Since delta-8 THC is legal in Ohio, there are a number of online and retail stores operating within the state. Licensed dispensaries are CBD stores selling a selection of delta-8 products. You can find delta-8 in vape stores, head shops, tobacco shops, gas stations, and some convenience stores.
We recommend staying away from delta-8 THC sold in gas stations. Reports across the U.S. claim gas station delta-8 is typically shady, unsafe, and potentially harmful.
Which online delta-8 brands ship to Ohio?
You can purchase delta-8 products from online CBD companies and delta-8 vendors operating in and out of Ohio. We recommend finding credible and legitimate brands and vendors following correct safety practices. Here’s a comparison of the best delta-8 products we’ve tested and recommend, including delta-8 vape cartridges, gummies, flowers, and tinctures.
What type of delta-8 is legal in Ohio?
Only delta-8 THC derived from Farm Bill compliant hemp carrying no more than 0.3% THC is legal in Ohio under state and federal law.
Any delta-8 products derived from marijuana and sold openly to the general Ohioan public for recreational purposes are not permitted.
Can you travel to Ohio with delta-8 THC?
Yes. You can travel to Ohio with delta-8 in your possession without fear of prosecution or penalty. Why? Because state and federal law permit the cross-border transportation of hemp-derived delta-8 and its products.
However, it’s always good to take precautions when carrying any type of hemp product.
When traveling with delta-8, keep the proof of purchase receipt and Certificates of Analysis with you. These will help verify your products are sourced from hemp and not marijuana should you be stopped by law enforcement officers or state border police.
Can I travel to Ohio with marijuana-derived delta-8 THC?
No. You are not permitted to travel into Ohio with delta-8 THC derived from marijuana. State law does not allow cross-border travel or transportation of marijuana for personal use.
Is delta-10 legal in Ohio?
Yes. Like delta-8, delta-10-tetrahydrocannabinol (delta-10 THC) derived from legal hemp is legal in Ohio. State and federal law protect the use, possession, sale, distribution, production, and manufacturing of delta-10 THC. Technically, delta-10 found naturally in marijuana is also legal but restricted under state law.
Is CBD legal in Ohio?
Yes. CBD is legal in Ohio under state and federal law, provided it’s sourced from hemp carrying no more than 0.3% THC. CBD sourced from marijuana is only available to patients who qualify for medical cannabis under state law.
Upcoming legislation in Ohio that could change delta-8’s legality?
There is no upcoming state legislation restricting or banning delta-8 derived from hemp in Ohio. However, as of June 2021, delta-8 in medical marijuana is regulated by the Ohio Department of Commerce.
The new guidelines state the following:
- The exact amount of delta-8 must be shown on the packaging
- The label must say “delta-8-THC” and not just “D8” or “delta-8”
- Producers, cultivators, and processors must test for delta-8
What about upcoming federal legislation on delta-8 THC?
There is some concerning pressure from the federal government and the Drug Enforcement Agency (DEA) regarding delta-8’s legality across the United States.
In mid-2020, the DEA issued an Interim Final Rule (IFR) addressing delta-8’a legal status and how it could be a synthetic cannabinoid based on how it’s made.
It believes delta-8 is a synthetic cannabinoid due to being synthesized from CBD using chemicals under laboratory conditions.
If this is the case and the DEA confirms delta-8 a synthetic cannabinoid, it will no longer be federally legal and likely categorized as an illegal controlled substance.
The future for delta-8 in Ohio
Despite growing federal pressure on delta-8 products across the country, the Ohioan state government has not made any moves to ban or restrict hemp-derived delta-8 THC.
Right now, delta-8 seems to be safe but it’s worth keeping an eye on any updates in the future. For now, you can enjoy delta-8 and all that it has to offer.