Is CBD oil legal in Ohio?
Yes. Cannabidiol (CBD) products derived from hemp are legal in Ohio. The state is working to set up rules around the cultivation and sale of hemp and hemp-derived CBD products. Like many states, Ohio passed its own legislation following approval of the 2018 Farm Bill, which legalized hemp nationwide.
Ohio is developing licensing procedures for hemp growers and processors. Licenses are not required to sell or purchase hemp or CBD products. Consumers should soon find CBD-infused items available in more places, though the U.S. Food and Drug Administration (FDA), placed in charge of hemp and CBD products under the 2018 Farm Bill, is still developing rules and cautions buyers to choose carefully.
What is CBD?
CBD is a non-intoxicating cannabinoid found in the cannabis plant. It’s the second-most-abundant cannabinoid in cannabis behind THC, which has intoxicating effects. Many people use CBD for its purported ability to reduce pain, inflammation, and anxiety, as well as to reduce or suppress seizures. It can be derived from either marijuana or hemp plants. In many countries, hemp is legal because it contains negligible levels of THC.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
Why is CBD sometimes illegal?
The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.
Things changed with the passage of the 2014 Farm Bill, which recognized the difference between hemp and marijuana. The measure distinguished hemp as having less than 0.3% THC, while marijuana plants contained more than 0.3%.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
The 2018 Farm Bill removed hemp from the list of controlled substances, though marijuana with more than 0.3% THC remains illegal at the federal level and in states without medical or recreational legalization. CBD derived from marijuana plants is, therefore, still illegal while hemp-derived CBD is legal.
The Farm Bill also gave the (FDA) authority to regulate CBD product labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as a dietary supplement.
While the FDA has begun a process of re-evaluating that stance, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims that could be construed as medical advice about CBD. In July 2019, the FDA sent a letter to retailer Curaleaf outlining a bevy of regulations they were violating by making such claims. In April 2019, the FDA also warned three CBD makers about making unproven health claims.
The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products instead of waiting for final FDA rules.
Ohio CBD laws
In July 2019, Ohio passed SB 57, decriminalizing hemp and setting up a regulatory framework to license hemp cultivation. Ohio was one of many states that has regulated industrial hemp production as a crop following the passage of the 2018 Farm Bill.
In accordance with federal law, Ohio’s bill set the standard for hemp versus marijuana at a 0.3% THC cutoff. In Ohio, CBD is legal for use in food, dietary supplements, cosmetics, and personal care products, among other products. According to Ohio law, hemp growers and processors must be licensed and CBD products must be tested, though both of those processes are still being worked out by state lawmakers.
SB 57 requires licenses for growing or processing hemp are valid for three years and are not available to anyone convicted of drug-related charges in the past 10 years. No license is required to sell or purchase CBD in Ohio.
Ohio CBD possession limits
There are no possession limits for hemp-derived CBD at this time. CBD products with more than 0.3% THC remains illegal to sell, possess, and consume unless registered under Ohio’s medical marijuana program.
There are no possession limits for hemp-derived CBD at this time. Photo by: Gina Coleman/Weedmaps
Where to buy CBD in Ohio
While major drugstore chains currently sell hemp-derived CBD products in some states, Ohio is not yet one of them. Smaller, local pharmacies and health food stores may offer it. More locations will likely begin to carry CBD products as the state works out its licensing process.
Shopping online is an option since the U.S. Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands.
How to read CBD labels and packaging
As of September 2019, the FDA does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products look for these on the label:
- Amount of active CBD per serving
- Supplement Fact Panel, including other ingredients
- Net weight
- Manufacturer or distributor name
- Suggested use
- Full spectrum, broad spectrum, or isolate
- Batch or date code
One of the most important things to pay attention to is if a CBD product is full spectrum, broad spectrum, or isolate.
Full-spectrum means that the CBD has been extracted from a hemp plant along with all other chemicals in the plant, including terpenes and trace amounts of THC. Consuming full-spectrum CBD may yield better results due to a phenomenon known as the entourage effect, which happens when cannabis compounds work together to bolster the benefits of the plant.
Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out THC.
Finally, CBD isolate is a product that has gone through more intensive processing to remove everything except for pure CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect. However, CBD isolate may be preferable for someone looking to avoid even trace amounts of THC.
CBD Oil in Ohio [Buyers Guide]
We have now reached a point where CBD oil is available in almost every location in the United States. The 2018 Farm Bill legalized the growth of industrial hemp with a maximum of 0.3% THC. While the federal government hasn’t officially legalized any cannabinoids, there is an acknowledgment in most states that CBD is here to stay.
However, there are a handful of states where county and local laws cause confusion. Also, some governors and attorney generals intend to add to the complexity surrounding CBD laws. As such, residents of some states aren’t quite sure if they can legally buy cannabidiol.
That’s why we have created our series of guides to help keep you informed. Today, we look at whether CBD oil is legal in Ohio. We also outline the best places to purchase CBD products while taking a quick look at the state’s marijuana laws.
Is CBD Oil Legal in Ohio?
Yes. If you don’t qualify for an Ohio medical marijuana card, you can still use CBD oil. However, the product(s) in question must come from hemp and contain a maximum of 0.3% THC.
The 2018 Farm Bill legalized industrial hemp throughout the nation. States had to submit a plan to the USDA or go along with federal guidelines. It was great news for hemp growers, but the legislation didn’t explicitly legalize CBD. Though few have done so, each state is free to create its own cannabidiol rules.
Ohio CBD Law
In Ohio, Governor Mike DeWine signed SB 57 into law in July 2019. It legalized the possession, purchase, and sale of hemp and products derived from hemp. According to Ohio state law, SB 57 defined hemp and hemp products and emphasized that it is a distinct plant from marijuana. The bill put to rest any concerns about CBD being legal in Ohio.
SB 57 followed federal law by outlining that hemp in Ohio must have a maximum of 0.3% THC by dry weight. Otherwise, it is considered marijuana and is illegal. State law also mandates that all growers and processors of hemp are licensed, and their CBD products must be tested.
As long as a CBD product contains a maximum of 0.3% THC, it is legal for sale and use with no possession limits.
SB 57 helped alleviate the confusion caused by the Ohio Board of Pharmacy’s decision to ban the sale of CBD from any store that was NOT a medical marijuana dispensary in August 2018. Best of all, there are no possession limits for hemp-derived CBD products.
Senate Bill 57 also enabled the cultivation of hemp with a license. However, growers must pay for testing and will lose an entire crop if the hemp shows THC levels even slightly above 0.3%.
Farmers are unhappy at the seemingly arbitrary THC figure. The 0.3% level comes from a 1976 study that mapped different hemp strains. One of them remained below 0.3% THC, thus setting what was probably an unintended precedent.
Can You Buy CBD Oil in Ohio Online?
Yes. It is quick and easy to purchase CBD online in Ohio. Apart from the convenience, you can also expect to find a greater range of products for a lower price. It is also possible to check out third-party lab reports online and research to ensure a brand is reputable. Speaking of which, here are five highly-regarded CBD companies that ship to Ohio:
Although it is better to buy CBD online in general, you may want to purchase it over-the-counter if you live within easy driving distance. Here are five of the best stores selling CBD in Ohio:
Name of Store
2460 N High St, Columbus, OH 43202, United States
17114 Detroit Ave, Lakewood, OH 44107, United States
5063 Delhi Pike, Cincinnati, OH 45238, United States
2817 Woodburn Ave, Cincinnati, OH 45206, United States
5480 Roberts Rd, Hilliard, OH 43026, United States
What Are the Marijuana Laws in Ohio?
Ohio was one of the first states in the modern era to decriminalize simple cannabis possession, doing so in 1975. The law allows adults to possess up to 3.5 ounces before it becomes a serious offense. Otherwise, they receive a minor misdemeanor charge and pay a fine of up to $150.
In 2016, Governor John Kasich signed House Bill 523 into law. It legalized medical marijuana in Ohio. MMJ patients can have up to eight ounces of Tier I (mid-grade) cannabis as their maximum 90-day supply, and this limit falls to 5.3 ounces for higher quality Tier II cannabis.
The complete guide…
However, change is potentially on the horizon. In January 2022, the Ohio Board of Pharmacy announced its intention to update the rules so that MMJ cardholders can buy up to 9 ounces of dried flower in 90 days regardless of THC content. The hope is to implement the change sooner rather than later.
The Coalition to Regulate Marijuana Like Alcohol is trying to collect enough signatures to place an initiative to legalize recreational weed on the November 2022 ballot. It seems as if they are getting closer to completing this mission. However, recreational marijuana remains illegal in Ohio, and there are penalties for breaking this rule.
Cannabis Penalties in Ohio
The possession of between 100 and 200 grams of cannabis is a misdemeanor, and you could spend up to 30 days in prison if convicted. The possession of over 200 grams is a felony with the potential for a one-year jail term. You could spend up to five years in prison if caught with over 1,000 grams.
It is also illegal to provide cannabis ‘gifts.’ Two convictions for gifts under 20 grams is a misdemeanor punishable by up to two months in jail. Moreover, the sale of any amount of marijuana is a felony in Ohio. If convicted, you could serve up to 12 months in prison, and the length of imprisonment increases according to the amount you sell.
The possession of 200+ grams of cannabis in Ohio is a felony, with a potential prison sentence of 18 months.
Even MMJ patients are not permitted to cultivate cannabis in Ohio. There is a bill in place that aims to change matters, but at present, the state severely punishes individuals caught growing the plant.
The penalties for growing are the same as for possession in terms of volume. For instance, if you grow five plants and yield 80 ounces, you’re considered to possess 80 ounces of marijuana. That’s a felony by Ohio state law with a possible prison term of up to five years.
Final Thoughts on CBD Oil in Ohio
MMJ is legal in Ohio, and the program is becoming well-established. Recreational cannabis legalization may happen in a few years, if not sooner. Until then, residents can purchase CBD oil in Ohio. The cannabinoid is legal for sale, possession, and use as long as it comes from hemp and contains a maximum of 0.3% THC.
Unfortunately, the industrial hemp program in Ohio is having difficulties at present. Increasing competition, along with the high cost of growing hemp, not to mention the amount of labor involved, means many Ohio farmers are steering clear.