Ohio legalized hemp along with most states in 2019, after the federal Farm Bill expanded the definition of “hemp” and opened up commercial sales across the country. While many other states have taken action to account for the proliferation of products such as delta-8 THC edibles sold as hemp, Ohio hasn’t made any changes since their initial bill.
This means that delta-8 THC products are widely available in the state, but there are some important rules to know if you live in Ohio and use hemp products.
Is Delta-8 THC Legal to Sell in Ohio?
Delta-8 THC is legal to sell in Ohio. The state legalized products containing hemp cannabinoids as long as they contain less than 0.3% delta-9 THC.
After the federal government passed the 2018 Farm Bill, which is generally considered to have legalized delta-8 THC at the federal level, Ohio updated its state law accordingly with Senate Bill (SB) 57. This defines hemp in the same way as the 2018 Farm Bill (Sec. 928.01(C)/page 11) and also defines hemp products based on the same 0.3% delta-9 THC threshold (Sec. 928.01(F)/page 11). It also removed hemp (and the THCs it contains) from the definition of marijuana (Sec. 3719.01(O)/page 16) and THC (Sec. 3719.41(C)(27)/page 22) in the state’s controlled substances act.
All of this means that provided the plant it was taken from was compliant hemp, and the final product contains less than 0.3% delta-9 THC by dry weight, delta-8 THC products are legal hemp products in Ohio. Additionally, SB 57 states that (Sec. 928.02(C)/page 11) anyone – even without a license – can buy or sell hemp products in the state. You do need a license to grow or process hemp into a product, though (Sec. 928.02(B)/page 11)).
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Delta-8 THC Legislation Timeline for Ohio
Delta-8 THC was legalized in Ohio in 2019, and the law hasn’t changed since then.
In mid-2019, Governor Mike DeWine signed SB 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.
Can Delta-8 THC Be Added to Food?
Delta-8 THC can be added to food in Ohio, provided the food stays within the state.
SB 57 states that (Sec. 928.02(D)/page 12) “the addition of hemp or a hemp product to any other product does not adulterate that other product.” However, under the federal Food, Drug and Cosmetic Act, delta-8 THC is not allowed to be added to food that enters interstate commerce. This means that while Ohio doesn’t consider delta-8 THC edibles to be illegal, FDA jurisdiction is triggered if those products are sold to other states.
Can You Buy Delta-8 in Ohio?
Delta-8 THC is available to buy from both online and brick-and-mortar stores in Ohio.
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Ohio explicitly excluded all hemp-derived THCs from its Controlled Substances Act, so other isomers like delta-10 THC, delta-7 THC, THCv and HHC are also legal in the state.
Are There Age Restrictions on Delta-8 THC Products?
SB 57 doesn’t include any age limitation for hemp products. However, in the absence of this rule, stores generally impose a minimum age of 21 to purchase delta-8 THC products. It’s important to note, though, that this is not required of them by law.
We contacted the Ohio Department of Agriculture, who confirmed to us that, “At this time there is no minimum age for purchase of hemp products.”
There was one publicized case involving eight middle school students eating some type of cannabis-infused gummies in Akron, Ohio. It is not known what exactly they ate, but local media pointed the finger at delta-8 THC.
Can You Consume Delta-8 THC in Public in Ohio?
There are no rules about public consumption of delta-8 THC in Ohio. This means – technically – that you can consume it anywhere you want without legal consequences (unless you are smoking it somewhere smoking is banned).
However, people may presume that it is marijuana and this is likely to cause you problems unless you can prove that it is in fact legal hemp. It’s much safer to just consume it in private places.
Can You Drive Under the Influence of Delta-8 THC in Ohio?
No, it’s illegal to drive under the influence of delta-8 THC in Ohio.
Ohio’s laws on operating a vehicle under the influence (OVI) state that you can’t operate a vehicle in the state if you are “under the influence of alcohol, a drug of abuse, or a combination of them.” The law also establishes limits for marijuana, with over 10 ng/ml of THC (just called “marihuana” in the law) for urine and 2 ng/ml of blood being considered to be breaking the law. Likewise, it establishes limits of 35 ng/ml (urine) and 50 ng/ml (blood) for metabolites of marijuana.
Drug tests can’t tell the difference between delta-8 and delta-9 THC, so it’s likely that you’d get in trouble if delta-8 or its metabolites exceed these levels too.
Punishment in the first instance includes between three days and 6 months in jail, a fine of between $375 and $1,075 and having your driver’s license suspended for between one to three years.
Can You Travel to Ohio With Delta-8?
Yes. Until federal law changes, delta-8 THC is generally considered to be legal at the federal level, and it’s legal in Ohio too, so there is no restriction on traveling with it.
The Transport Security Administration (TSA) page on medical marijuana explains that hemp is permitted on flights and that TSA officers aren’t really even looking for marijuana. However, it’s best to bring the product’s Certificate of Analysis (COA) to prove that it is legal hemp if you’re traveling with delta-8.
Closing Thoughts: The Future for Delta-8 in Ohio
There are currently no bills pending in Ohio that impact delta-8 THC’s legality. However, it’s likely that the federal government will change rules around hemp in late 2023, and these changes will filter through into Ohio law shortly afterward.
However, aside from this change – which will affect essentially all states – nothing is set to change in Ohio at the time of writing. It seems that ensuring that delta-8 THC and other hemp-derived THC products cannot be sold to minors should be a priority, but there is no indication that this is the case.