Is Delta-8 THC Legal in Ohio?

Not even the DEA is stopping delta-8 from being legal in Ohio.

Delta-8 THC flower product

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. 

Related: List of States Where Delta-8 is Legal

Is recreational and medical marijuana legal in Ohio?

Delta-8 THC flower bud strain

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

Delta-8 THC gummies made from hemp
Hemp-derived delta-8 products are perfectly legal to buy 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. 

Related: What’s the Difference Between Delta-8 and Delta-9 THC?

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.