Is Delta 8 legal in Ohio?

Delta 8 THC, a cannabinoid compound present in the hemp plant, is rapidly gaining popularity across the country due to its promising potential medical and recreational uses.


Although Delta 8 THC shares some similarities and same benefits with the primary chemical found in marijuana, Delta 9 THC, it elicits slightly different effects and is typically considered to have less potent psychoactive effects.


For all those who live in or visit Ohio that are wondering "Is Delta 8 legal?" the answer is yes. Hemp-derived Delta 8 THC and other hemp-derived cannabinoids are legal to use, possess, sell, distribute, produce, and manufacture in Ohio.


This is possible due to the fact that federal and state law falls in line with the Agricultural Improvement Act, also referred to as the 2018 Farm Bill. This game-changing piece of legislation legalized hemp and hemp-derived cannabinoids at a federal level.


is delta 8 legal in ohio

Is Delta 8 legal in Ohio?

Delta 8 was solidified into law in the middle of 2019 when Governor Mike DeWine signed the Ohio Senate Bill 57. This piece of legislation is what set Ohio's view of legal hemp and all hemp plant products as legal, following the stance of the federal government.


With the signing of this bill into state law, it opened up, without restriction, the legalization of all hemp-derived compounds including Delta 8 THC, CBD, and CBN. This change now allows Ohio citizens access to a multitude of newly legal marijuana alternatives.


With this, Delta 8 THC derived from hemp plants is considered industrial hemp and was officially removed from Ohio's list of controlled substances.


yes, delta 8 is legal in Ohio

Yes, Delta 8 THC is legal in Ohio

As of today, 2023, Delta 8 THC is legal according to Ohio state law. Similar to federal law, this includes all derivatives, cannabinoids, and isomers of the hemp plant.


With the legalization of hemp and all derivatives in 2019, the Ohio Department of Commerce was able to determine that Delta 8 and many other cannabinoids are now able to be sold for medical marijuana use in medical marijuana dispensaries.


This change in rule requires that all legalized cannabinoids in the Ohio Department of Commerce medical marijuana system be measured, labeled, and included in a product "Total THC". This opened up the legal marijuana market to even more options for patients with access to increasingly popular hemp products like Delta 8.


Cannabis Policy in Ohio

The passing of SB 3 in July of 2020 changed how Ohio penalized illegal possession of cannabis, lightening the penalties for possession of marijuana and dropping arrest and jail time for those who are caught with up to 7 ounces. Instead, those caught in possession of this amount will face civil citations and a fine of $150.


Another change this bill made is that now these possession citations will not make it onto criminal records and will not be required to be reported to any inquiries on employment, license, or other "right to privilege" applications.


There are cannabis activists working to be sure that marijuana legalization is included on Ohio's ballot this year. Only time will tell what happens. In our opinion, it is a real possibility.


cannabis law in ohio

Medical cannabis law in Ohio

Wondering if medical marijuana is legal in Ohio? As of June 2016, with Governor John Kasich's signing of HB. 523, medical cannabis was legalized which also sparked the creation of the state's Ohio Medical Marijuana Control Program which opened up the state's medical marijuana market.


Ohio's medical cannabis law is the only legal way to possess and use marijuana. Only those considered qualified patients with a state-approved doctor recommendation are allowed to obtain medical cannabis. Some of the conditions that qualify patients for a medical cannabis card include:


  • Aids

  • Alzheimer's

  • Hepatitis C

  • Fibromyalgia

  • Post Traumatic Stress Disorder (PTSD)

  • Spinal Cord Injury

  • Chronic Pain (Severe/Intractable)​

  • Huntington's Disease

  • Tourette Syndrome

  • Crohn's Disease

  • Inflammatory Bowel Disease (IBD)

  • Traumatic Brain Injury (TBI)

  • Chronic Traumatic Encephalopathy (CTE)

  • Multiple Sclerosis

  • Ulcerative Colitis


In addition to these conditions, anyone who is suffering from any kind of terminal illness is eligible for Ohio medical cannabis use, which allows these patients to purchase medical cannabis in the state.


As the Ohio cannabis market grows due to the popular medical cannabis program, the state has actually opened its own dispensaries and sells medical marijuana and is supplied cannabis by state-licensed growers.


The state also runs its own physician certifications to determine medical conditions that qualify individuals as patients. Patients are allowed to purchase a 45 days' supply from licensed dispensaries.


Technically Delta 8 THC derived from marijuana is legal for medical use however state medical marijuana processors are now required to test cannabis products for the level of Delta 8 THC that is in their products.


Is Recreational Marijuana legal in Ohio?

No, Ohio has not passed recreational legalization laws. Although medical marijuana products are legal to purchase in marijuana dispensaries for those who quality. Unfortunately, cannabis laws are not so marijuana friendly.


However, since 1975, possession of anything up to 100 grams of cannabis has been decriminalized and is treated as only a misdemeanor punishable by a fine of up to $150. Home cultivation of marijuana plants is also not permitted.


Certain cities such as Dayton and Cincinnati, have even gone so far as to eliminate all fines and penalties for marijuana possession of up to the 100-gram limit of recreational marijuana entirely.


Marijuana vs Hemp

What makes hemp and marijuana plants different from one another? Both hemp and marijuana are from the cannabis plant, there are no significant scientific differences between the two. The main thing that sets them apart is the THC content of the raw plant material.


Marijuana and hemp plants absorb both nutrients and toxins from the soil they are grown in and their overall quality is determined by these factors.


After harvesting industrial hemp, it undergoes testing to determine if it will be considered organic hemp and if it is compounds are eligible to be considered hemp-based cannabinoids. For cannabis plants to be considered industrial hemp, they must contain no more than 0.3% Delta 9 THC on a dry weight basis. This is what makes hemp-derived cannabinoids legal.


Most hemp-derived cannabinoids including CBD and Delta 8 THC are used to produce a large variety of hemp products including hemp flower, CBD oil, and Delta 8 gummies.


can you travel with delta 8 in ohio

Can you travel to Ohio with Delta-8 THC?

Yes, you can travel to Ohio with Delta 8 THC without any worry about being prosecuted or penalized for its possession. Since both state and federal law allows the cross-border transportation of hemp-derived cannabinoids like Delta 8 THC and its products you are able to travel into and through Ohio with Delta 8.


In our experience in speaking with customers, it is still a good idea to take some basic precautions when traveling with any type of hemp product.


We suggest when traveling with Delta 8 THC to keep your product in its original packaging with proof of your purchase when possible. This will help to identify the product; all reputable brands will print a QR code right on the packaging which links to the Certificate of Analysis (COA) for that product.


These third-party lab tests will help indicate your product is sourced from hemp and not marijuana in the event that you are stopped by law enforcement officers or state patrol.


Can You Buy Delta 8 in Ohio?

If you were wondering "Is delta 8 legal in Ohio?", we're sure you also wondered "Can you buy Delta 8 in Ohio?". The good news is, of course!


You can buy Delta 8, in addition to many other hemp-derived products in Ohio. Since the 2018 Farm Bill made hemp federally legal, Ohio has followed suit. They have updated their laws to align with this federal legalization of hemp which now allows the sale of hemp products and hemp cultivation.


There are no concentration limits on CBD or Delta 8 THC to be considered hemp but only on the Delta 9 THC concentration. Based on state and federal law hemp products cannot exceed more than 0.3% Delta 9 THC on a dry weight basis.


where to buy delta 8 in ohio

Where To Buy Delta 8 THC in Ohio?

There are many different retailers in Ohio where you can find Delta 8 products. Most local smoke shops, gas stations, and CBD stores should offer a selection of Delta 8 THC options.


It is however important to be mindful of where you purchase hemp products from and be sure to only buy from a trusted source. Often times places like gas stations and a few shops are best to avoid as they may carry counterfeit, low-quality, or untested products.


Buy Delta 8 THC Online in Ohio

You can buy Delta 8 in person but is there a more convenient way to buy Delta 8 in Ohio?


Yes, the most convenient way to buy Delta 8 in Ohio is to purchase it online. You will find many reputable online retailers like Everyday Delta which carry a larger selection of products and options from trusted brands than what you may be able to find locally.


Not to mention you will likely find even better prices when you buy Delta 8 online. Those are just a few reasons why buying Delta 8 online is the best route to go. In fact, it's as simple as buying anything else online.


All you need is a valid ID, debit or credit card, and within a few days, your choice of Delta 8 products will be at your door.


How Old Do You Have to Be to Buy Delta THC in Ohio?

You have to be 21 years or older to purchase Delta 8 in Ohio as well as to enjoy recreational cannabinoids and hemp-derived products.


Does Delta 8 show up on drug tests?

Yes, Delta 8 THC will show up on a drug test because it is a form of THC. These THC metabolites will be present in your body when using Delta 8. Standard drug tests do not differentiate between THC that is legally derived from hemp or THC derived from marijuana.


frequently asked questionsFrequently Asked Questions


Is Delta 8 legal in Ohio?

Yes, since the passing of the 2018 Farm Bill, hemp products and derivatives are legal to use, possess, sell, distribute, produce, and manufacture in Ohio.


Can you order Delta 8 in Ohio?

Yes, you can order Delta 8 online in Ohio. All you need is a valid ID, debit or credit card, and within a few days, your choice of Delta 8 products will be at your door.


Is Delta 9 legal in Ohio?

Medical marijuana is legal in Ohio as is hemp-derived Delta 9 THC. For Delta 9 to be considered hemp it must fall in line with the federally outlined THC concentration of no more than 0.3% Delta 9 THC on a dry weight basis.


Is CBD legal in Ohio?

Yes. CBD is legal in Ohio under state and federal law, provided it’s sourced from hemp carrying no more than 0.3% THC. CBD sourced from marijuana is only available to patients who qualify for medical cannabis under state law. 


The future of Delta-8 in Ohio

Despite the growing federal and state pressure on Delta 8 products across the country, the Ohioan state government has not made any indications or proposed laws to ban Delta 8 or any other hemp-derived cannabinoids.


This is great news for anyone living in Ohio looking for access to legal THC alternatives or for anyone who does not qualify for the state's medical cannabis program.


So, for now, Delta 8 seems to be safe. So unless something changes residents of Ohio are free to enjoy the benefits of Delta 8.


If you are looking to purchase high-quality Delta 8 online be sure to check out our large selection of Delta 8 products like Delta 8 gummies, vapes, and tinctures.



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