February 20, 2021 7 min read

State hemp laws can be confusing, but that hasn’t dampened the interest in Delta-8, a hemp-derived cannabinoid with mildly psychoactive effects. Is Delta-8-THC legal in Ohio? And if it is, where can you get it?

Yes, Delta-8-THC is legal in Ohio for now. However, Governor Mike DeWine has proposed a ban on "intoxicating hemp products." 

Here's what that means for consumers shopping for Delta-8 in Ohio today:

Looking for legal Delta-8-THC you can buy in Ohio? Check out our Elev8 Collection.

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents: Is Delta-8-THC Legal in OH?

Ohio Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Ohio?
Delta-8-THC Possession Limits in Ohio
Is Delta-9-THC Legal in Ohio?
Where to Buy Delta-8 in Ohio
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?

Key Takeaways

  • Delta-8, derived from legal hemp, is federally legal.
  • Ohio law aligns with federal law, making Delta-8 legal.
  • Verify legality by ensuring Delta-8 is sourced from legal hemp by licensed growers.
  • Purchase Delta-8 products from licensed sellers, available in stores and online, typically requiring buyers to be at least 21 years old. 

Ohio Delta 8 THC Laws

Ohio updated legislation to legalize hemp and all hemp derivatives, including CBD, in July of 2019. The bill specifically defined hemp according to the definition used by federal law, which includes all cannabinoids, extracts, isomers, salts of isomers, and all other derivatives of hemp material.

Finally, the bill also updated the legal text used to define “tetrahydrocannabinols” where they are described as a scheduled substance in the state. The new text makes a specific exemptions for “tetrahydrocannabinols found in hemp and hemp products,” like Delta-8-THC.

This is similar to the legislation used by neighboring states, like IndianaKentucky, and Pennsylvania, where D8 is also legal.

More recently, Ohio has moved to regulate the use of Delta-8 in medical marijuana products. It is unclear whether the state intends to regulate the use of Delta-8 in hemp products as well. Still, this adds Ohio to the growing list of states who have opted to regulate, not ban, Delta-8-THC products. 

Under these new regulations, the exact amount of delta-8 must be listed on the product label for any medical marijuana product. The term "Delta-8 THC" must be used, and not a shorter version of the name. Laboratories must now routinely test for Delta-8, and the Dleta-8-THC content of a product will now count towards the "total THC" limit of 70%. 

The new rules also require licensees to maintain a delta-8 supply chain record of products made, including purchases for ingredients or any materials used in manufacturing. 

Here are some highlights from the state's legal text:


(3) Hemp, as defined in section 928.01 of the Revised Code.

Ohio Revised Code » Title [9] IX AGRICULTURE – ANIMALS – FENCES » Chapter 928: Hemp and Hemp Products

(C) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.

(27) Tetrahydrocannabinols (synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta-1-cis or trans tetrahydrocannabinol, and their optical isomers; delta-6-cis or trans tetrahydrocannabinol, and their optical isomers; delta-3,4-cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered.)), excluding tetrahydrocannabinols found in “hemp” and “hemp products” as those terms are defined in section 928.01 of the Revised Code;

Two flowering hemp plants just before harvested and used for Delta-8-THC production

Proposed Bans on Delta-8 in OH

Although Delta-8 and similar hemp THC products are currently legal in the state, Ohio Governor Mike DeWine is pushing for a ban on delta-8 THC. He cites concerns about its unregulated status and accessibility to minors as his reasons behind pushing for a total ban.

Currently, DeWine is advocating for separate legislation to address delta-8 sales and urging lawmakers to regulate it, possibly limiting sales to licensed dispensaries. There are differing views between the Senate and the House regarding recreational marijuana policy, with uncertainties about the future legality of delta-8 in Ohio. 

For now, there are no actual proposed bills that would ban Delta-8, but it's uncertain what the future may hold for Ohio hemp laws.

Is Delta-8 a Controlled Substance in Ohio?

Ohio updated their legal definition of “tetrahydrocannabinols” under the Controlled Substances list to add the following phrase:

“...excluding tetrahydrocannabinols found in “hemp” and “hemp products” as those terms are defined in section 928.01 of the Revised Code.”

No, Delta-8 is not a Controlled Substance in Ohio

The state defines “hemp” and “hemp products” to include all hemp derivatives, like natural cannabinoids and isomers, so long as the material contains less than 0.3% Delta-9-THC. Since D8 is a naturally occurring hemp derivative, Delta-8-THC derived from legal hemp material is not considered a controlled substance in Ohio.

Delta 8 THC Possession Limits in Ohio

Because D8 currently exists as an “agricultural commodity” derived from legal hemp material, there are no possession limits defined for Delta-8 products within Ohio law.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Ohio?

Ohio passed HB523 in 2016, a bill that legalized cannabis on a limited basis for qualifying medical patients. Recreational cannabis is illegal in the state, but Ohio has mostly decriminalized cannabis. Possession of less than 100 grams is punishable by a fine of up to $150, with ascending punishments for each offense.

A variety of Delta-8 vapes, a popular product in legal markets, including in Ohio.

Where to Buy Delta 8 in Ohio?

Ohio has generally relaxed hemp laws, and hemp products, including Delta-8, may be available at a variety of stores across the state. Of course, the state also imposes very little regulation on these hemp providers, so it’s advisable to proceed with caution when choosing a D8 distributor.

While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

Is it Legal to Buy D8 Online?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

What Kind of Delta-8-THC Can You Buy Online in OH?

Shopping online for Delta-8-THC in Ohio gives you access to even more product types than you may find in stores. Some of the most popular Delta-8 products you can buy online include:


Gummies are chewy, pre-measured doses that are super popular because they mask the hempy flavor of hemp-derived supplements and make dosing super simple.

Hard Candies and Other Edibles

Other edibles, like hard candies, dissolve in the mouth for faster-acting doses without losing the convenience of pre-measured doses.


Tinctures are beneficial for new users since they can be measured precisely, meaning you can increase and decrease your dose in small increments as needed


Vaporizers are a hard-hitting, fast-acting dosing method that takes effect almost immediately and allows for "stackable" dosing.

Do You Have to Be 21 to Buy Delta-8 in Ohio?

There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Vida Optima Elev8 Candy

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Ohio according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Ready to shop for Delta-8 in Ohio? Our Elev8 collection includes edibles, tinctures, vapes, and more that are Farm Bill compliant and legal in the U.S.

Ohio Delta 8 Laws FAQ

1. Is delta-8 legal in Ohio for recreational use?

Yes, delta-8 is legal for recreational use in Ohio. It falls within the legal framework established by the 2018 Farm Bill and Ohio SB 57, allowing the sale and purchase of hemp-derived delta-8 products containing no more than 0.3% delta-9 THC.

2. Do you need a medical card to buy delta-8 in Ohio?

No, you do not need a medical marijuana (MMJ) card to purchase delta-8 THC products in Ohio. The legal status of delta-8 in Ohio permits its sale without the need for a medical card.

3. What states is delta-8 banned in?

Delta-8 is banned in several states, including Alaska, Colorado, Delaware, Hawaii, Idaho, Massachusetts, Mississippi, and Montana. However, it remains legal in Ohio under specific regulations.

4. Is delta-9 legal in Ohio?

Yes, hemp-derived delta-9 is legal in Ohio, including products containing 0.3% or less concentration of delta-9 THC. Ohio permits the sale and consumption of such products within its legal framework.


  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “Senate Bill 57” https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-SB-57
  5. “House Bill 523” https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-523
  6. “Chapter 2929: PENALTIES AND SENTENCING” https://codes.ohio.gov/orc/2929

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