If you’ve been arrested with CBD oil in Ohio, contact us at Gounaris Abboud, LPA. Our experienced attorneys can help you fight criminal charges. Is delta-8 THC legal to buy in Ohio? Find out how you can safely buy hemp delta-8 products in OH.
Is CBD Oil Legal in Ohio?
Long Answer: For CBD oil to be legal in Ohio, It must come from a legal source of CBD.
The federal government exempted industrial hemp from its definition of marijuana in the 2018 Farm Bill.
Therefore, CBD oil made by a hemp manufacturer licensed in a state with an approved regulatory program is legal.
However, the federal government has not yet approved the use of CBD in any dietary supplement or food. The Ohio legislature created its legal hemp program in 2019.
As part of the program, Ohio legalized CBD and cosmetics, personal care products, dietary supplements, and food made from hemp.
Under either rule, “hemp” means the plant Cannabis sativa L (cannabis) that tests below a 0.3% total delta-9 tetrahydrocannabinol (THC) concentration.
THC is the psychoactive compound found in the cannabis plant. If the plant tests higher than 0.3% THC, it is marijuana. Marijuana remains a Schedule I drug under federal and state law.
The Ohio Bureau of Criminal Investigation’s crime labs can test and distinguish between hemp and marijuana. Private labs can also distinguish between legal and illegal plants and products.
If you’ve been arrested with CBD oil in Ohio, don’t hesitate to contact us at Gounaris Abboud, LPA. Our experienced criminal defense attorneys understand the legal distinctions and can help you fight any criminal charges you may face.
What Is CBD Oil?
“Cannabidiol,” known as CBD, is one of many chemical compounds (called phytocannabinoids) found in the cannabis plant. Both THC and CBD naturally occur in the cannabis plant.
Licensed hemp farmers use varieties of the cannabis plant that will develop up to 40% CBD and less than 0.03% THC. Unlike THC, CBD is non-intoxicating.
To make CBD oil, the manufacturer extracts the CBD from the cannabis flower using a mechanical or solvent-based extraction process, similar to making essential oils.
Then the manufacturer adds the CBD extract to a carrier oil, such as grapeseed or hempseed oil. Before a store can sell CBD oil, the manufacturer must test it for both CBD and THC concentrations.
Additionally, if sold in Ohio, it must meet Ohio’s food safety standards.
Is CBD Oil Legal Under Federal Law?
Since 1970, the federal government has outlawed possession of marijuana. The federal Controlled Substances Act (CSA) defines marijuana as all parts of the cannabis plant, whether growing or not.
The Act placed it in the most restrictive class, Schedule I. According to the CSA, Schedule I drugs have a “high potential for abuse” and “no currently accepted medical use.”
Starting in 2014, Congress decided to exclude “hemp” from the definition of marijuana. With the 2018 Farm Bill, it created a national industrial hemp program.
Under the Bill, State Departments of Agriculture could create their own hemp regulations to submit for federal approval or follow a USDA-created plan.
Hemp grown under an approved program by a licensed farmer became legal. However, cannabis plants that contain more than a trace amount (0.03%) of THC and products made from them remain Schedule I drugs.
In addition, the Bill gave the FDA authority over hemp and CBD products. The FDA regulates the safety of food and drugs sold in the U.S. To date, the FDA has approved only one CBD product, a prescription drug Epidiolex used for rare, severe disorders.
CBD Oil Is Not Illegal in Ohio: Senate Bill 57
In 2018, the Ohio governor approved a bill (SB 57) to decriminalize hemp and license hemp cultivation. SB 57 made it legal to possess and use hemp products containing less than 0.3% THC in Ohio.
This includes CBD oil. In addition, SB 57 legalized sales of CBD oil in stores outside of medical marijuana dispensaries. Finally, the law requires labels on hemp products that say they contain less than 0.03% THC.
Initially, the Ohio attorney general stopped prosecuting marijuana cases. The state’s crime labs could not tell the difference between the newly legal hemp and illegal marijuana.
SB 57 allocated $968,000 to the attorney general’s office to develop testing. Within a year, the Bureau of Criminal Investigation finished creating its testing protocol, and prosecutions resumed.
Despite the lab’s capabilities, they commonly experience testing delays, putting off prosecution for months or even years.
Were You Arrested With CBD Oil in Ohio?
Police officers cannot tell the difference between hemp and marijuana by sight alone. They are legally allowed to search for marijuana if they smell or observe what they think is marijuana.
They can arrest you if they have probable cause to believe that you possess illegal marijuana.
Unless your CBD oil is correctly labeled under Ohio’s hemp laws or you have proof of being a medical marijuana patient, the only way to prove your compliance with the law is through laboratory testing.
If you’ve been arrested for possessing CBD oil in Ohio, we can help. When you contact our firm, an experienced drug crime defense attorney will help you navigate through the legal system.
Our firm has achieved dismissals and penalty reductions for hundreds of people. Together, our award-winning attorneys have over 50 years of experience to use in your defense.
Our clients have called us trustworthy, empathetic, honest, and supportive, and we’ll be there for you throughout the legal process. Contact us today for a free case analysis at 937-222-1515.
Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend
University of Dayton School of Law where he received his Juris Doctorate. In 2011, Mr. Gounaris was awarded a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI Defense, Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.
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.