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?
Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.
More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.
In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.
Here's the catch:
Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.
So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?
To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.
The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.
In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.
The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.
Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.
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.
Here are some highlights from the text:
(3) Hemp, as defined in section 928.01 of the Revised Code.
Ohio Revised Code » Title  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;
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.
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.
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.
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.
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.
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.
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