February 20, 2021 5 min read

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

Thankfully, yes! Ohio is one of the many states that have legalized all hemp derivatives. That means Delta-8 is legal and accessible in the state.

Here’s what you should know about Ohio Delta-8 laws before you buy:

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
Delta-8-THC and Federal Laws
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?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Ohio uses a similar definition to the one used by federal law. They also make a specific exception for hemp derived THC where “tetrahydrocannabinols” are highlighted as a Controlled Substance. Therefore, Delta-8 is legal in Ohio.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Ohio, but you can also buy legal Delta-8 online and have it shipped directly to your door.

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 Indiana, Kentucky, and Pennsylvania, where Delta-8 is also legal.

Here are some highlights from the text:

AMENDED SUBSTITUTE SENATE BILL NUMBER 57

(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 productionIs 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.”

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 Delta-8 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 Delta-8 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.

Where to Buy Delta 8 in Ohio?

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

At Bloom Society, 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.

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

There are no state regulations that place age restriction 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.

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.

Resources

  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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