CBD Oil Now Legal in Ohio On July 30, 2019, Governor Mike DeWine signed Ohio Senate Bill (SB) 57 legalizing the possession, purchase or sale of hemp and hemp products. The bill included an If you’re looking to buy CBD Oil in Ohio, this guide is for you. Understand the legalities and where to find it. Terrasana Cannabis Co. is an Ohio-based medical marijuana company. We serve medical cannabis patients with dispensary locations in Columbus, Cleveland, Fremont, and Springfield. Shop our indica, sativa, and CBD products and learn more about the benefits of medical marijuana from a cannabis industry leader.
CBD Oil Now Legal in Ohio
On July 30, 2019, Governor Mike DeWine signed Ohio Senate Bill (SB) 57 legalizing the possession, purchase or sale of hemp and hemp products. The bill included an emergency provision making it effective immediately, which means that school districts are likely to see an increase in requests for administration of cannabidiol (CBD) oil, a hemp derivative. School districts should be aware of Ohio’s legalization of hemp and hemp products and how the new provisions impact the use of derivatives like CBD oil.
Many people associate CBD oil with marijuana, but SB 57 distinguishes the two by defining “hemp” and “hemp products,” and affirmatively excluding those items from the statutory definition of “marijuana.” “Hemp” is now defined as, “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 (THC) concentration of not more than .3% on a dry weight basis.” Hemp and marijuana both come from cannabis plants, but hemp plants have a very low concentration of THC. Marijuana has higher levels of THC, which is the active ingredient in marijuana that has the potential to create a “high” or intoxicating effect.
The new provisions define “hemp products” as any products made with hemp and containing .3% or less THC, including “cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol.” The language specifically excludes hemp and hemp products from the statutory definition of “drug,” and removes THC found in hemp and hemp products from Ohio’s list of Schedule I controlled substances.
As a result of hemp and hemp product legalization, the Ohio State Board of Pharmacy released a statement Tuesday, clarifying that in light of the bill, hemp products, including CBD oil now may be sold outside of licensed medical marijuana dispensaries. The Board of Pharmacy also stated that other Ohio Medical Marijuana Control Program (OMMCP) requirements do not apply to the use of hemp and hemp products, including CBD oil. The Board and the Ohio Department of Commerce plan to release future guidance regarding any OMMCP restrictions on licensed dispensaries selling hemp-derived CBD products.
Another important factor is the status of hemp legalization at the federal level. In 2018, the Federal Farm Bill removed hemp from the definition of “marijuana” in the Controlled Substances Act. But in its guidance document titled, “What you need to know (and what we’re working to find out) about products containing cannabis or cannabis-derived compounds, including CBD,” the U.S. Food and Drug Administrations (FDA) notes that CBD oil still is subject to the same laws and requirements as other FDA-regulated products. To date, the FDA only has approved one CBD prescription drug product for treating certain forms of epilepsy, and currently is working to study the overall effects of CBD use. The guidance also highlights that while some products are marketed to add CBD oil to food or label it as a dietary supplement, marketing CBD oil in this manner remains illegal under federal law.
So what’s a district to do? Now that hemp and hemp products like CBD oil are no longer considered “marijuana” or “drugs,” and their possession, purchase and sale are legal, districts should not treat them as illegal substances. Requests for administration of CBD oil to students should be treated the same as any other request for administration of a homeopathic remedy under existing board policies and procedures. Legalization of hemp and hemp products does not prevent the board from setting reasonable standards for administration of medications or other substances within the school setting. Remember, only hemp and hemp products containing THC levels not to exceed .3% are legal. School districts should set reasonable expectations and standards for the use of hemp and hemp product derivatives, as well as for verification that maximum THC levels do not to exceed .3% prior to any product’s approval for use in the school setting.
CBD Oil in Ohio [Buyers Guide]
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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.
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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.
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