Following the passage of the 2018 Farm Bill, a wave of transformation began in the United States with the legalization of hemp-derived products. The product was a huge hit. Statistics show an increase in demand for the Delta 8, followed by a 144% increase in sales in the US from April 2020 to April 2021.

However, there is a lot of confusion about the legalization of Delta 8 because it is never mentioned in federal or state laws. As such, it comes with several vulnerabilities that lead to an increase in unauthorized marketplaces selling harmful products sold as Delta 8 products.

Is the Delta 8 legal in Ohio?

Yes, Delta 8 is legal in Ohio and cannabis and hemp-derived products are legal to use, sell, distribute and possess in Ohio.

Ohio Delta 8 Legislation

The Ohio Governor signed Senate Bill 57 on June 30, 2019, legalizing the sale of hemp, hemp-derived products, and hemp cultivation. The bill resulted in the removal of the definition of hemp and its products from the Controlled Substances List, making it an agricultural product.

Its laws align with the 2018 Farm Bill, which legalized hemp with a THC concentration of 0.3 percent in Ohio. Ohio accepted the bill and made changes such as defining a cannabis product under Ohio Amendment Code 928.01(F) as any product containing no more than 3/10% Delta 9 THC derived from cannabis. Cannabis products include:

  • Dietary Supplements.
  • Personal care products.
  • cosmetic.
  • Food intended for human or animal consumption.
  • Any other product containing hemp-derived cannabinoids.

According to the Ohio Board of Pharmacy, there is no difference between marijuana and marijuana. As such, cannabis products fall under the Ohio Medical Marijuana Control Program (MMCP). Still, SB 57 adopts the distinction between marijuana and marijuana. The primary authority for hemp regulation rests with the Ohio Department of Agriculture. The agency requires potential cannabis growers to obtain a cultivation license to sell, possess, purchase cannabis and a processing license to process cannabis into related cannabis products.

Delta 8 THC and DEA Interim Rules

Shortly after the passage of the 2018 Farm Bill, Drug Enforcement proposed an interim rule on the legality of synthetically derived hemp products. These cannabinoids like Delta 8 are naturally present in very small amounts. Producers are unable to meet the growing demand for the substance. For this reason, people began to choose another method called isomerization to develop Delta 8 THC.

This process is nothing more than creating environmental conditions (such as increasing temperature, using catalysts, and increasing pH levels) to facilitate isomers to exchange their molecular structures, thereby converting CBD isolates into Delta 8 THC.

The interim rule states that synthetically derived THC remains on the CSA’s list regardless of what Delta 9 content it carries. However, it has no effect on the manufacture or processing of cannabis, as what synthetically derived means is not clearly defined. If taken literally, the word synthetic relates to the product of chemical or biochemical synthesis, isomerization is not.

Delta 8 Safety and Information

The safety of Delta 8 depends on several things, such as where you buy the product and how much you take. It’s important to note that Delta 8 products are not FDA-approved, and the FDA has issued a warning about serious health risks.

The FDA said certain products are labeled as cannabis products, which misleads consumers who confuse them with “non-psychoactive” products. Additionally, the FDA has received 661 adverse reports from law enforcement and consumers of people experiencing vomiting, hallucinations, loss of consciousness, and eventual emergency room visits.

Delta 8 is a natural substance found in the cannabis plant; although it is present in very small amounts, it can be synthesized from CBD Isolate. It is worth noting that Delta 8 prepared for other processes such as isomerization is also native.

Since there is no clear definition of what a synthetic substance is, the process is inconsistent with the literal definition of a synthetic substance, which is why producers and manufacturers still use isomerization.

Recreational and Medical Marijuana in Ohio

Medical marijuana has been legal in Ohio since December 2021, when the Ohio Senate approved Bill 261, sponsored by Senator Steve Huffman, which allows doctors to pay reasonable Cannabis is recommended for patients who are expected to benefit from it.

Recreational use of marijuana remains illegal, but possession of less than 100 grams of marijuana was legalized in 1975.

Buy Delta 8 in Ohio

Delta 8 products are available online and offline at gas stations, dispensaries, retail stores, CBD stores, vape stores, main stores and cannabis stores. Readers are advised to only buy Delta 8 products from authorized stores, as some sellers may sell inferior products, which can have serious consequences for your health.

If you are purchasing a Delta 8 product, please do so online and not offline. They provide proper documentation such as laboratory testing, packaging and labelling. The best shopping sites are 3Chi, Just Delta 8, Secret Nature, Binoid, Diesel Hemp, Area52, etc.

Traveling in Delta 8 in Ohio

Yes, you can travel with Delta 8 THC as it is legal statewide and federally. It is recommended that you check the laws before traveling interstate.

A state where the Delta 8 is illegal could be questioned by local police. When traveling by air, please be aware of any airline restrictions and bring the proper documentation (proof of analysis and purchase receipt) to avoid any issues and properly verify the THC content and the amount of cannabis source.

What are the different types of Delta 8 products available?

Delta 8 products are available in a variety and forms of tinctures, capsules, gummies, oils, edibles and vaping products.

Growing Cannabis in Ohio

Yes, you need a license to grow cannabis in Ohio. The Ohio Department of Agriculture has its own hemp program. Mandating that cannabis growers obtain a license and comply with rules and regulations related to cannabis cultivation, harvesting, reporting, record keeping, sampling and destruction, and compliance with land use restrictions.

Potential farmers must pay an applicable fee of $100 and a fee of $500 per hemp growing location. They must also communicate ODA and submit a report and the necessary sampling fee of $150 at least 15 days before harvest. If a hemp crop has a high THC concentration, i.e. more than 0.3%, the crop will be damaged. 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 high THC concentrations, you can request a resampling and charge the necessary fee.

Farmers are also obliged to record and report submissions for each cannabis cultivation site within 15 days of cultivation or by July 1, and submit a full production report by Dec. 31. Additionally, farmers should know that they only sell hemp seeds to licensed growers and keep records of the strain, Certificate of Analysis (COA) and variety of the “mother plant.”

Additionally, licensed parades must adhere to a financial responsibility standard of 5% of total cannabis raw material purchases in liquid assets or $10,000 in the previous calendar year, whichever is greater.

Frequently Asked Questions

Question: Is the Delta 10 legal in Ohio?

A: Yes, Delta 10 is legal in the US and Ohio unless it contains an acceptable level of THC concentration of 0.3%.

Question: Is Delta 8 legal in all 50 states?

Answer: No. Currently, Delta 8 is federally legal and statewide legal in 31 states. States divided their positions into four categories: regulated, legal grey area, illegal and regulated. Four states are still considering or have unclear positions, 13 states make Delta 8 illegal, and 2 states make Delta 8 recreational marijuana.

Question: How old do you need to be to buy Delta 8 THC in Ohio?

A: While there is no legal age to consume Delta 8 products, some retailers may ask your age and will only sell you products if you are 21 or older.

Question: Is CBD legal in Ohio?

A: CBD, also known as cannabidiol, is used as an ingredient in lotions, oils, and various consumables. CBD was legal in Ohio following the passage of the 2019 bill, which legalized the use of all hemp-derived CBD products. CBD received indirect FDA support in 2018 when the FDA approved a drug containing hemp and CBD oil extracts.

Q: Can you order Delta 8 THC in Ohio without a medical card?

Answer: Yes. Delta 8 THC, derived from hemp, falls under the 2018 Farm Bill and people can freely buy it from stores without a medical card.

Q: What is the difference between Delta 8 THC and Delta 9 THC?

A: Delta 8 and Delta 9 THC have different molecular structures. However, they all have the same chemical formula. Compared to the latter, the former has less THC and is therefore psychoactive, and the latter is the main compound that gets you high. The Delta 9 THC effect is believed to be twice the Delta 8 effect. This is one of the reasons they are legal, the Delta 9 is illegal and the Delta 8 is legal.

Question: Is it legal to grow marijuana at home in Ohio?

A: No, it is not legal to grow marijuana at home in Ohio unless and until it is inspected by ODA. According to the Ohio State Administrator. Code 901:14-1-06 discusses land use restrictions for licensed growers that prohibit the cultivation or cultivation of cannabis within or within 100 feet of any residential structure, or the storage of cannabis plant material anywhere for residential purposes.

Q: Can I pass a drug test after taking Delta 8?

Answer: Obviously, the answer is “no”. To pass the Delta 8 test, if a hair sample is taken for testing, you will need to stop using this compound at least 60-90 days before the test. Note that this test detects traces of THC, not Delta 8 or Delta 9.

According to the American Center for Addiction, THC can be detected at various intervals, depending on the test and samples taken. THC can be detected in saliva samples up to 48 hours after consumption, in urine samples up to 1 month, and in blood samples up to 36 hours after consumption.

Ohio and the future of Delta 8

Most states are looking into systemizing the sale, distribution, and ownership of the Delta 8. Some states are reconsidering banning it, but on the other hand, states like Ohio have emerged that regulators like the Ohio Medical Marijuana Program have new rules addressing THC dosing, a topic rarely discussed in any state.

Authorities have been closely watching the license granted by Delta 8, which says the licensee has all supply chain records, including the production and procurement of Delta 8 THC and cannabis. This suggests that Delta 8 is accepted in Ohio and will be there for a while. Still, the public and the law are confused about the status of the Delta 8 and the status of the Delta 9 and Delta 10, even though it has been more than 4 years since the Delta 8 was legalized.

Further reading:

Delta 8 THC North Carolina Legal Guide

Delta 8 THC New Mexico Law Guide

Delta 8 THC Georgia Legal Guide