Is Delta 9 Legal in Ohio?

The passage of the 2018 Farm Bill legalized hemp-derived THC products on a national scale, provided they contained no more than 0.3% total delta-9 THC. However, several states have unique regulations surrounding medical or adult-use marijuana, which may lead some to wonder, “Where is delta-9 legal?”

ohio in red lettering on an orange background

Cannabis-derived delta-9 THC is legal in Ohio through the state's medical marijuana program and available to participants with a qualifying medical condition. Ohio has also decriminalized the possession and use of cannabis, but it's still technically against the law. Only those with an Ohio medical marijuana card can legally purchase and consume cannabis products with higher THC in Ohio.

Those not participating in Ohio's medical marijuana program can purchase delta-9 THC products sourced from hemp plants and contain less than 0.3% THC per dry weight. Higher limits are against federal and state law, even though both hemp-derived and cannabis-derived THC is the same chemical: delta-9 THC.

Read everything you need to know about Ohio's marijuana laws and what the latest regulations say about delta-9 THC.

Key Takeaways

  • Delta-9 THC is legal nationally and in Ohio if the product comes from hemp and contains less than 0.3% THC.
  • Hemp-derived delta-9 THC and delta-9 THC from cannabis are the same chemicals.
  • Ohio has a medical marijuana program that allows participating individuals with qualifying medical conditions to buy legal high-THC products. 

What is Delta-9?

Delta-9 THC, or simply THC, is the most copious cannabinoid found in cannabis, including marijuana and hemp as varietals. THC is the chemical responsible for cannabis' intoxicating effects, and different cultivars or strains contain varying amounts of THC, making them more or less intoxicating.

The hemp plant, a variety of cannabis, has very low levels of naturally occurring delta-9 THC, imposed by federal limits. Hemp is mainly cultivated for agricultural or industrial use and may contain no more than 0.3% THC, per the US Department of Agriculture (USDA).

Whether it's sourced from marijuana or hemp, delta-9 THC is the same chemical. The Farm Bill's rules simply govern what products can or cannot be sold to consumers. 

Hemp-Derived Delta-9 vs. Cannabis-Derived THC

Hemp- and cannabis-derived delta-9 THC differ only in their source material and the extraction process involved in making products. The USDA allows farmers to cultivate hemp plants, and many manufacturers source their delta-9 THC from hemp instead of marijuana, as the latter is still an illegal narcotic.

Chemically speaking, delta-9 THC is the same regardless of the source material. THC from hemp can produce the intoxicating effects many consumers seek in high enough doses. Higher concentrations of THC can be found in:

Still, unless you reside in a state where adult-use cannabis is legal, or you have your medical marijuana card, delta-9 products may only contain less than 0.3% THC. The "per dry weight" is the choice phrase here, as federal law doesn't outline guidelines for products such as gummies or oils. Some manufacturers use this loophole to get away with making and selling higher potency delta-9 products that yield similar highs to what you'd buy at a cannabis dispensary.

Is Delta-9 Legal in Ohio?

Per Ohio's SB 57, Ohio's version of the Farm Bill, hemp-derived delta-9 THC products are legal. The law uses the same definitions as the federal regulations, allowing products no more than 0.3% THC content per dry weight. 

Those searching for legal, higher-potency cannabis products should explore Ohio's medical marijuana program for options. Consider meeting with a doctor to determine whether your medical condition qualifies you for cannabis use.

Ohio Cannabis Laws

In 2016, Governor John Kasich signed Ohio's HB 523 into law, which legalized cannabis for medical use and established a state-operated system to allow for the production, testing, and sale institutions required for a robust medical cannabis industry. 

This allowed those with a medical marijuana card in Ohio to purchase up to a 90-day supply of medical cannabis, with the exact amount to be determined by the physician. Patients may use edible oil, vaporizers, topicals, tinctures, or plant matter, but smoking cannabis is prohibited.

Those using delta-9 products cannabis cannot consume it in a public place or on transportation. It's against the law to operate heavy machinery or a motor vehicle while intoxicated by cannabis, regardless of whether hemp-derived or marijuana-sourced THC causes the psychoactivity.

The cultivation of cannabis or hemp plants is against the law in Ohio. Only entities licensed by the state or USDA may legally grow marijuana or hemp plants in the state.

Where to Buy Delta-9 in Ohio

Ohio medical marijuana patients with a valid card can purchase higher-concentration THC products through a licensed dispensary or other retail shops legally allowed to sell cannabis.

If you're in Ohio seeking hemp-derived delta-9 THC products, you can often discover options at your local health-food store, such as Whole Foods, or pharmacy chains like Walgreens or Rite Aid. Hemp-derived delta-9 products are handy for individuals looking to take the edge off a long day, manage stubborn pain, or soothe insomnia.

Check out our hemp-derived Evn delta-9 products and other options in our CBD store.

Disclaimer: This article was last updated in April 2023 and reflects federal and state legal information as of this date. Cannabis laws in the U.S. are continually shifting; therefore, the information in this article is subject to change. The information in this article does not constitute legal advice, and no entity at EVN-CBD is claiming to provide legal advice. Please visit your official state website for more information on your state’s cannabis laws and regulations.

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