Is Delta 9 Legal in Ohio?
To grasp the legal status of hemp-derived delta 9 in Ohio, it's essential to consider the 2018 Farm Bill, signed by President Donald Trump. This landmark federal legislation, also known as the Agriculture Improvement Act, legalized hemp and its derivatives nationwide.
It distinguishes hemp from marijuana based on their THC content; legally, hemp is defined as cannabis containing up to 0.3% THC on a dry weight basis, while plants with more than that threshold are classified as marijuana. While the Farm Bill made hemp legal at the federal level, it left marijuana classified as a Schedule I controlled substance.
Turning our focus to Ohio, despite the federal legalization of hemp, many states have introduced their own restrictions or outright bans on hemp-derived cannabinoids, including delta 9. However, Ohio follows the federal guidelines as established by the Farm Bill.
The state passed Senate Bill 57 in 2019, which not only embraced delta 9 but also other cannabinoids like delta 8 and CBD, without setting a concentration limit for these compounds, except for the standard limit on delta 9 THC as defined in the Farm Bill.
The legislation specifies, “'Hemp' includes the plant Cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.”
Therefore, as long as your delta 9 product is derived from hemp and contains no more than 0.3% THC, it is completely legal to purchase, possess, and use in Ohio.
Delta 9 Legality in Ohio vs. Other States
The legal status of Delta 9 THC, particularly when derived from hemp, varies considerably across the United States, shaped by individual state laws and their alignment or divergence from federal guidelines.
In Ohio, hemp-derived Delta 9 products are legal as long as they contain no more than 0.3% THC on a dry weight basis, in line with the 2018 Farm Bill. However, marijuana-derived Delta 9 remains illegal for recreational use, although medical marijuana is permitted.
Overview of Delta 9 Legality in Other States
-
California: Fully legalizes both hemp-derived and marijuana-derived Delta 9 for medical and recreational use.
-
Texas: Allows only hemp-derived Delta 9 with up to 0.3% THC. Marijuana for any use remains illegal.
-
Florida: Permits hemp-derived Delta 9 and has an established medical marijuana program but bans recreational marijuana.
-
New York: Legalizes both hemp-derived and marijuana-derived Delta 9 for recreational and medicinal use.
-
Colorado: One of the earliest states to legalize recreational marijuana. Both hemp-derived and marijuana-derived Delta 9 are legal.
-
Oregon: Allows the recreational and medicinal use of both hemp-derived and marijuana-derived Delta 9.
-
Michigan: Legalizes both forms of Delta 9 for medical and recreational purposes.
-
Georgia: Similar to Ohio, allows only hemp-derived Delta 9 with up to 0.3% THC and has a restricted medical marijuana program.
-
Illinois: Has legalized both hemp-derived and marijuana-derived Delta 9 for recreational and medicinal use.
This spread illustrates the diversity in cannabis regulation across the states, ranging from complete prohibition to full legalization.
Comparison Table
State |
Hemp-Derived Delta 9 Legal (≤0.3% THC) |
Medical Marijuana Legal |
Recreational Marijuana Legal |
Ohio |
Yes |
Yes |
No |
California |
Yes |
Yes |
Yes |
Texas |
Yes |
No |
No |
Florida |
Yes |
Yes |
No |
New York |
Yes |
Yes |
Yes |
Colorado |
Yes |
Yes |
Yes |
Oregon |
Yes |
Yes |
Yes |
Michigan |
Yes |
Yes |
Yes |
Georgia |
Yes |
Yes (restricted) |
No |
Illinois |
Yes |
Yes |
Yes |
More About Delta 9 in Ohio
While hemp-derived delta 9 is legal in Ohio, the state maintains a firm stance against recreational marijuana use. Possession of small amounts, specifically less than 100 grams, is treated as a minor misdemeanor in Ohio, punishable by a $150 fine. However, possession exceeding 100 grams escalates to criminal status and can result in misdemeanor or felony charges, potentially leading to imprisonment and substantial fines.
Despite Ohio's acceptance of hemp-derived cannabinoids, this leniency does not extend to marijuana. Although delta 9 sourced from hemp is readily available throughout the state, consumers must exercise caution. It’s essential to carefully select hemp retailers to ensure product safety and compliance with state laws.
Shipping Delta 9 to & from Ohio
Shipping Delta 9 products to and from Ohio involves adhering to both federal and state regulations. In Ohio, hemp-derived Delta 9 products containing no more than 0.3% THC are legal under state law, aligning with the 2018 Farm Bill that legalized hemp at the federal level.
This legality simplifies the interstate commerce of these products, but certain guidelines and precautions should still be observed.
Key Considerations for Shipping Delta 9 in Ohio
- Compliance with Federal and State THC Limits: Ensure all Delta 9 products conform to the legal THC limit of 0.3% on a dry weight basis. Products exceeding this threshold could be classified as marijuana, which remains illegal federally and for recreational use in Ohio.
- Carrier Policies: It's essential to verify the policies of your chosen shipping carrier. Some carriers may have restrictions or policies against transporting hemp-derived products, despite their legal status.
- Proper Labeling and Documentation: Delta 9 products must be properly labeled as hemp-derived and contain information on THC content. It's also prudent to include a Certificate of Analysis (COA) from a third-party lab with each shipment to verify the product's compliance with THC regulations.
- Interstate Shipping Considerations: While federal law permits the interstate shipping of hemp-derived products, local laws in the destination state must also be considered. Ensure the recipient state allows the sale and possession of hemp-derived Delta 9 products.
- Secure and Discreet Packaging: Use secure packaging that protects the contents from damage during transit. Discreet packaging can also help avoid unnecessary scrutiny and ensure privacy.
- Stay Informed on Regulatory Changes: Cannabis laws, both federal and state, are subject to change. Staying updated with the latest regulations is crucial to ensure continued compliance and avoid legal issues.
Ohio's Cannabis Market Expands with Delta 9 & Medical Marijuana
Despite the fact that recreational cannabis remains illegal in Ohio, the state has implemented legislation for medical marijuana. Although Ohio follows a standard process for obtaining a medical cannabis card, hemp-derived delta 9 may be a saving grace for those who do not qualify for the medical program.
Ohio's Medical Cannabis Regulations
Medical marijuana has been legal in Ohio for over five years. Sponsored by Representative Stephen Huffman, House Bill 523 was signed into law by then-Governor John Kasich in 2019, authorizing cannabis use for medical purposes. Although the law didn't take effect until 2018, the state now boasts around 70 licensed dispensaries. However, the state's medical cannabis laws do include certain restrictions.
Ohio's medical marijuana program is not open to just anyone. To qualify for a medical cannabis card, an individual must be diagnosed by a state-licensed physician with one of the following conditions:
- Amyotrophic Lateral Sclerosis (ALS)
- Epilepsy (Seizures)
- Parkinson’s Disease
- Alzheimer’s Disease
- Fibromyalgia
- Post-Traumatic Stress Disorder (PTSD)
- AIDS
- Glaucoma
- Sickle Cell Anemia
- Cachexia, wasting syndrome
- HIV
- Spasticity
- Cancer
- Hepatitis C
- 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
Individuals suffering from any terminal illness are also eligible for medical marijuana. Beyond being diagnosed with a qualifying condition, patients must meet additional criteria to access medical cannabis under HB 523. The requirements include:
- Being at least 18 years old (or have an assigned caregiver over 21 if under 18)
- Providing proof of Ohio residency (such as a state-issued ID or driver's license)
- Consulting a certified Ohio Marijuana Card doctor
Once approved, patients can purchase only a limited amount of cannabis daily or within a 90-day period. State-run growing facilities and dispensaries ensure that all cannabis undergoes strict lab testing, maintaining high standards of safety and quality.