After passing the farm bill 2018, a wave of transition started in the United States with the legalization of hemp-derived products. The product took off in popularity. Statistic data shows an increase in demand for Delta 8, followed by sales that increased by 144% in the United States from April 2020 to April 2021.
Nevertheless, there was a great deal of confusion among people regarding the legalization of Delta 8 since it was never mentioned in either the federal or state bill. Hence, it was accompanied by several loopholes leading to an increase in unauthorized markets selling harmful products marketed as Delta 8 products.
Is Delta 8 Legal in Ohio?
Yes, Delta 8 is legal in Ohio, and hemp and hemp-derived products are legal to use, sell, distribute and possess in Ohio.
The Legislation on Delta 8 in Ohio
Ohio governor signed senate bill 57 on June 30, 2019, stating the legalization of the sale of hemp, hemp-derived products, and the cultivation of hemp. This bill resulted in removing the definition of hemp and its products from the list of controlled substances and making it an agricultural product.
Having its laws align with 2018 Farm Bill, hemp with 0.3% of THC concentration was legalized in Ohio. Ohio accepted the bill with modifications like defining hemp products under Ohio revised code 928.01(F) as any products containing Delta 9 THC of not more than 3/10 percent derived from hemp. Hemp products include:
- Dietary supplements.
- Personal care products.
- Cosmetics.
- Food for human or animal consumption.
- Any other product that contains hemp-derived cannabinoids.
As per the Ohio board of pharmacy, there is no distinction between hemp and marijuana. Hence, hemp products fall under the Ohio Medical Marijuana Control Program (MMCP). Still, the SB 57 bill adopted distinctions between hemp and marijuana. The primary authority for hemp regulation was vested in the Ohio Department of Agriculture. This authority requires the potential hemp cultivators to obtain a cultivation license to sell, possess, purchase hemp and a processing license for converting hemp into the relevant hemp products.
Delta 8 THC and the DEA Interim Rule
Soon after the farm bill 2018 was passed, an interim rule was presented by the drug enforcement authority concerning the legality of synthetically-derived hemp products. These cannabinoids like Delta 8 occur naturally in very small amounts. Producers could not meet the growing demand for this substance. For this reason, people started opting for another method known as isomerization to develop Delta 8 THC.
This process is nothing but making environmental conditions(like increasing temperature, using a catalyst, and increasing PH level) that facilitates the isomer to interchange their molecular structure that converts CBD isolate into Delta 8 THC.
The interim rule stated that synthetically-derived THC is still under the list of CSA regardless of what Delta 9 content it carries. However, it had no effect on the manufacturing or processing of hemp as there’s no clear definition of what synthetically-derived means. If we go by the literal meaning, the synthetic word is related to the product produced by chemical or biochemical synthesis, which is not the case in isomerization.
Delta 8 Safety and Information
Delta 8’s safety is dependent on a few things, like where you bought the product and how much you are taking of it. It is important to note here that Delta 8 products are not FDA approved, and there has been a warning issued by FDA stating serious health risks.
FDA stated that some products are labeled as hemp products which will be misleading for consumers who confuse it with “non-psychoactive” products. Further, FDA has received 661 adverse reports from law enforcement and consumers on people experiencing vomiting, hallucination, loss of consciousness, and ending up in emergency rooms.
Delta 8 is a natural substance found within the hemp plant; while its found in small amounts, it can be synthesized from CBD Isolate. It’s important to note that Delta 8 prepared for other processes like isomerization is also natural.
Since there is no clear-cut definition of what a synthetic substance is, the process does not align with a literal definition of a synthetic substance, which is why the isomerization is still being used by producers and manufacturers.
Recreational and Medical Marijuana in Ohio
Medical marijuana is legal in Ohio since December 2021, When the Ohio senate approved bill 261 sponsored by senator Steve Huffman, which allows doctors to recommend cannabis to patients who are reasonably expected to benefit from it.
Recreational use of marijuana is still illegal, but possession up to 100 grams was decriminalized in 1975.
Buying Delta 8 in Ohio
Delta 8 products are readily available on gas stations, dispensaries, retail stores, CBD stores, vape stores, head shops, and hemp stores online and offline. Readers are requested to buy Delta 8 products from authorized stores only as some sellers may be selling bad quality products, which can have severe consequences for your health.
If you are buying Delta 8 products, then buy online over offline. They provide the proper documentation like lab testing, packaging, and labeling. The best websites to shop for are 3Chi, Just Delta 8, Secret Nature, Binoid, Diesel Hemp, Area52, etc.
Traveling in Possession of Delta 8 in Ohio
Yes, you can travel with the possession of Delta 8 THC since it is legal both state-wide and federally. It is recommended that you check the laws before traveling interstate.
Having Delta 8 in a state where it is illegal can result in being questioned by local police. When traveling by air, be aware of any airline restrictions and bring the appropriate documentation(certificate of analysis and purchase receipt) to avoid any problems and get proper verification of the amount of THC content and hemp source.
What are the Different Types of Delta 8 Products Available?
Delta 8 products are available in wide varieties and forms of tinctures, capsules, gummies, oils, edibles, and vape products.
Growing Hemp in Ohio
Yes, you need a license to grow hemp in Ohio. Ohio Department of Agriculture has its own hemp program. Making it mandatory for the hemp grower to obtain a license and adhere to rules and regulations related to cultivation, harvesting, reporting, record keeping, sampling, and destruction of hemp and comply with land-use restrictions.
Potential farmers must pay $100 as an applicability fee and $500 per hemp growing location. They are also required to communicate the ODA and submit a report and a requisite $150 fee for sampling at least 15 days before the harvesting. If the hemp crop has a high concentration of THC, i.e., more than 0.3%, then the crop will be subject to destruction. A destruction report needs to be submitted, and ODA will witness the destruction. If you are not satisfied with the decision that your crop has a high THC concentration, you may request a re-sampling along with the requisite fees.
Farmers are also obligated to record-keeping and report submissions for each hemp growing location within 15 days of plantation or by July 1 and a complete production report by December 31. Also, the farmers should know that they sell hemp seeds to licensed cultivators only and keep records of strain, certificate of analysis(COA), and variety of the “mother plants.”
Further, the licensed procession must comply with the standards of financial responsibility of having current assets of 5% of the total purchase of raw hemp material or $10,000 in the previous calendar year, whichever is greater.
Frequently Asked Questions
Question: Is Delta 10 Legal in Ohio?
Answer: Yes, Delta 10 is legal in the United States and in Ohio unless it contains the acceptable level of THC concentration, i.e., 0.3%.
Question: Is Delta 8 Legal in all 50 States?
Answer: No. Currently, Delta 8 is federally legal and is state-wide legal in 31 states. The states have bifurcated their stance into 4 categories: regulated, a legal gray area, illegal and regulated. 4 states are still considering or are unclear on their stance, 13 states have made Delta 8 illegal, and 2 states have regulated Delta 8 as recreational cannabis.
Question: How Old do you Have to be to Buy Delta 8 THC in Ohio?
Answer: While the law is silent on the age of consumption of Delta 8 products, some retailers might inquire about your age and will only sell you products if you are at least 21 years old.
Question: Is CBD Legal in Ohio?
Answer: CBD, also known as cannabidiol, is used as a component in lotions, oils, and various consumables. CBD is legal in Ohio post the passing of the bill 2019 that legalizes the use of all hemp-derived CBD products. CBD has been indirectly supported by FDA in 2018 when FDA approved a drug containing extracts of marijuana and CBD oil.
Question: Can you Order Delta 8 THC in Ohio Without a Medical Card?
Answer: Yes. Delta 8 THC derived from hemp falls under farm bill 2018, and people are free to buy it from stores without a medical card.
Question: What is the Difference Between Delta 8 THC and Delta 9 THC?
Answer: Delta 8 and Delta 9 THC have different molecular structures. However, they both have the same chemical formula. The former has less THC content and hence has psychoactive effects as compared to the latter, which is the main compound that makes you high. Delta 9 THC effects are believed to be twice as strong as Delta 8 effects. This is one of the reasons for their legality, Delta 9 is illegal, and Delta 8 is legal.
Question: Is it Legal to Grow Hemp at Home in Ohio?
Answer: No, it’s not legal to grow hemp at home in Ohio unless and until it has been inspected by ODA. As per Ohio Admin. Code 901:14-1-06 talks about land-use restrictions for licensed cultivators that planting or growing hemp in or within 100 feet of any residential structure or storing hemp plant material at any place that is intended for residential purposes is prohibited.
Question: Can you Pass a Drug Test After Consuming Delta 8?
Answer: Clearly, the answer is “NO.” To pass the Delta 8 test, you need to lay off this compound at least 60-90 days before the test if hair samples are taken for the test. Please note the test detects the traces of THC, not of Delta 8 or Delta 9.
As per the American addiction centers, THC can be detected at various time intervals depending upon the test and samples been taken. THC can be detectable in saliva samples up to 48 hours post-consumption, in urine samples up to 1 month, and in blood samples up to 36 hours.
Ohio’s Future With Delta 8
Most of the states are looking into working on systemizing the sale, distribution, and possession of Delta 8. Some are reconsidering to ban it, but on the other side, there are states like Ohio where regulatory bodies like Ohio medical marijuana program have come up with new rules addressing the THC dosage, a topic that is rarely discussed in any state.
Authorities have been closely monitoring on licensing given by Delta 8, which says that the licensee has to all supply chain records, including production and purchasing of Delta 8 THC and hemp. This shows the acceptance of Delta 8 in Ohio, and it will stay there for a time to come. Nevertheless, despite more than 4 years since the legalization of Delta 8, the public and the law are also confused about the status of Delta 8 but also Delta 9 and Delta 10.
Further readings:
Delta 8 THC North Carolina Legal Guide
