Is Delta 8 THC Legal in Ohio?

YES - Delta 8 THC is Legal in Ohio

Delta 8 THC is legal in Ohio. The state legalized hemp and hemp-derived compounds, including Delta 8 THC, following the federal Farm Bill of 2018. This legislation, referred to as Senate Bill (SB) 57, was signed by Governor Mike DeWine in mid-2019. It allows for the sale, purchase, and use of hemp-derived products, provided they contain less than 0.3% Delta 9 THC by dry weight. Therefore, Delta 8 THC products derived from hemp that meet these criteria are legal in Ohio​​.

Additionally, Ohio law does not specifically restrict the addition of Delta 8 THC to food products, provided the food remains within the state. However, the federal Food, Drug, and Cosmetic Act prohibits the addition of Delta 8 THC to food that enters interstate commerce, indicating that while state law may permit such products, they face restrictions at the federal level if sold across state lines​.

It's also noteworthy that while Delta 8 THC is legal at the federal level, based on a Supreme Court ruling in 2022 regarding a trademark dispute that recognized its legal status in line with the 2018 Farm Bill, the legal landscape remains somewhat complex due to the nuances of how Delta 8 THC is produced and regulated​.

Retail access to Delta 8 THC in Ohio is widespread, with products available in various forms such as edibles, vapes, and tinctures from both brick-and-mortar stores and online retailers. While there are no explicit age restrictions set by the state law for the purchase of hemp products, many stores impose a minimum age of 21. It's important for consumers to be mindful of the products' source and quality, opting to purchase from reputable sources that provide product testing and certification​​.

In terms of consumption, there are no specific state laws regarding public consumption of Delta 8 THC, but it is illegal to drive under the influence of Delta 8 THC in Ohio. The state's laws regarding operating a vehicle under the influence apply to all forms of THC, and drug tests do not differentiate between Delta 8 and Delta 9 THC​.

As the legal status of Delta 8 THC and other cannabinoids evolves, both at the federal and state levels, it remains crucial for consumers and businesses to stay informed about current laws and regulations to ensure compliance.

Legal Status of Delta 8 THC in Ohio

Delta 8 THC's legality in Ohio is governed by a combination of state and federal laws, which clarify the status of hemp-derived products, including Delta 8 THC. Here's an expansion on the sources and laws or bills relevant to Delta 8 THC's legal status in Ohio:

Federal Legal Framework

• 2018 Farm Bill: This critical piece of federal legislation removed hemp (defined as cannabis with less than 0.3% Delta 9 THC by dry weight) from the Controlled Substances Act, effectively legalizing hemp and its derivatives, including Delta 8 THC, at the federal level. The bill distinguishes between hemp and marijuana based on the THC content, setting the stage for state-level regulations on hemp-derived products.

Ohio State Laws and Bills

• Senate Bill (SB) 57: Signed into law by Governor Mike DeWine in mid-2019, SB 57 aligns Ohio's hemp legislation with the federal Farm Bill. It defines hemp in the same way as the Farm Bill and legalizes the sale, purchase, and use of hemp-derived products, including Delta 8 THC, as long as they contain less than 0.3% Delta 9 THC on a dry weight basis. This law effectively removed hemp and hemp-derived cannabinoids from the state's controlled substances list, making Delta 8 THC legal in Ohio​.

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 percent 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.

Read Full Bill

Legal Considerations and Restrictions

• Delta 8 THC in Food: While Ohio law permits the addition of Delta 8 THC to food products within the state, it's important to note that federal regulations under the Food, Drug, and Cosmetic Act prohibit the addition of Delta 8 THC to food that crosses state lines​.
• Public Consumption and Driving: There are no specific Ohio laws that restrict the public consumption of Delta 8 THC; however, driving under the influence of Delta 8 THC is illegal, in line with Ohio's laws on operating a vehicle under the influence of drugs​.
• Retail Access and Age Restrictions: Delta 8 THC products are widely available in Ohio through both physical stores and online retailers. Although state law does not specify age restrictions for purchasing hemp products, many retailers voluntarily impose a minimum age requirement of 21​.

Federal Legal Status Clarification

• Supreme Court Ruling in 2022: A notable legal development at the federal level was a Supreme Court ruling in 2022, which recognized the legality of Delta 8 THC in a trademark dispute, further solidifying its legal status in accordance with the 2018 Farm Bill​.

Consumer Guidance

Consumers are advised to purchase Delta 8 THC products from reputable sources to ensure product safety and compliance with state and federal laws. Reputable retailers should provide a Certificate of Analysis (COA) for their products, verifying their THC content and purity​​.

Legal Landscape Evolution

While Delta 8 THC is currently legal in Ohio and federally, the legal landscape for cannabinoids is subject to change. Consumers and businesses must stay informed about legislative updates to ensure ongoing compliance with state and federal laws​​.

For detailed information on the legal status and considerations of Delta 8 THC in Ohio, refer to the comprehensive resources and legislation texts available through official state and federal websites.