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Is CBD oil legal in Ohio?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Ohio CBD laws
  4. Where to buy CBD in Ohio
  5. How to read CBD labels and packaging

Yes. Cannabidiol (CBD) products derived from hemp are legal in Ohio. The state is working to set up rules around the cultivation and sale of hemp and hemp-derived CBD products. Like many states, Ohio passed its own legislation following approval of the 2018 Farm Bill, which legalized hemp nationwide.

Ohio is developing licensing procedures for hemp growers and processors. Licenses are not required to sell or purchase hemp or CBD products. Consumers should soon find CBD-infused items available in more places, though the U.S. Food and Drug Administration (FDA), placed in charge of hemp and CBD products under the 2018 Farm Bill, is still developing rules and cautions buyers to choose carefully.

What is CBD?

CBD is a non-intoxicating cannabinoid found in the cannabis plant. It’s the second-most-abundant cannabinoid in cannabis behind THC, which has intoxicating effects. Many people use CBD for its purported ability to reduce pain, inflammation, and anxiety, as well as to reduce or suppress seizures. It can be derived from either marijuana or hemp plants. In many countries, hemp is legal because it contains negligible levels of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.

Things changed with the passage of the 2014 Farm Bill, which recognized the difference between hemp and marijuana. The measure distinguished hemp as having less than 0.3% THC, while marijuana plants contained more than 0.3%.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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The 2018 Farm Bill removed hemp from the list of controlled substances, though marijuana with more than 0.3% THC remains illegal at the federal level and in states without medical or recreational legalization. CBD derived from marijuana plants is, therefore, still illegal while hemp-derived CBD is legal.

The Farm Bill also gave the (FDA) authority to regulate CBD product labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as a dietary supplement.

While the FDA has begun a process of re-evaluating that stance, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims that could be construed as medical advice about CBD. In July 2019, the FDA sent a letter to retailer Curaleaf outlining a bevy of regulations they were violating by making such claims. In April 2019, the FDA also warned three CBD makers about making unproven health claims.

The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products instead of waiting for final FDA rules.

Ohio CBD laws

In July 2019, Ohio passed SB 57, decriminalizing hemp and setting up a regulatory framework to license hemp cultivation. Ohio was one of many states that has regulated industrial hemp production as a crop following the passage of the 2018 Farm Bill.

In accordance with federal law, Ohio’s bill set the standard for hemp versus marijuana at a 0.3% THC cutoff. In Ohio, CBD is legal for use in food, dietary supplements, cosmetics, and personal care products, among other products. According to Ohio law, hemp growers and processors must be licensed and CBD products must be tested, though both of those processes are still being worked out by state lawmakers.

SB 57 requires licenses for growing or processing hemp are valid for three years and are not available to anyone convicted of drug-related charges in the past 10 years. No license is required to sell or purchase CBD in Ohio.

Ohio CBD possession limits

There are no possession limits for hemp-derived CBD at this time. CBD products with more than 0.3% THC remains illegal to sell, possess, and consume unless registered under Ohio’s medical marijuana program.

There are no possession limits for hemp-derived CBD at this time. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in Ohio

While major drugstore chains currently sell hemp-derived CBD products in some states, Ohio is not yet one of them. Smaller, local pharmacies and health food stores may offer it. More locations will likely begin to carry CBD products as the state works out its licensing process.

Shopping online is an option since the U.S. Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands.

How to read CBD labels and packaging

As of September 2019, the FDA does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products look for these on the label:

  • Amount of active CBD per serving
  • Supplement Fact Panel, including other ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested use
  • Full spectrum, broad spectrum, or isolate
  • Batch or date code

One of the most important things to pay attention to is if a CBD product is full spectrum, broad spectrum, or isolate.

Full-spectrum means that the CBD has been extracted from a hemp plant along with all other chemicals in the plant, including terpenes and trace amounts of THC. Consuming full-spectrum CBD may yield better results due to a phenomenon known as the entourage effect, which happens when cannabis compounds work together to bolster the benefits of the plant.

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out THC.

Finally, CBD isolate is a product that has gone through more intensive processing to remove everything except for pure CBD. Consuming isolate may produce different effects than full-spectrum or broad-spectrum CBD, as these products do not produce the entourage effect. However, CBD isolate may be preferable for someone looking to avoid even trace amounts of THC.

Is CBD oil legal in Ohio? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Ohio CBD laws Where to buy CBD

Ohio Marijuana Laws

Updated July 2019

After a slew of unsuccessful attempts, the state of Ohio finally improved its marijuana policies in 2016 by passing comprehensive medical marijuana legislation. However, recreational marijuana continues to be illegal. Learn more about Ohio marijuana laws below.

Recreational Marijuana Laws in Ohio

Is marijuana legal in Ohio? No– recreational marijuana is currently illegal. The small bright spot in Ohio’s marijuana policy is that the possession of less than 100 grams in punishable as a minor misdemeanor and subject to only a $150 fine. In Ohio, minor misdemeanors do not become part of a person’s criminal record. Possession of greater quantities, however, is still a standard misdemeanor or felony, which can be punished by fines of $250 to $20,000, and 30 day to 8-year prison terms.

Additionally, in November 2016, voters in four Ohio cities — Newark, Bellaire, Logan and Roseville — passed a measure to eliminate all criminal penalties and remove driver’s license suspensions associated with the possession of less than 200 grams.

Medical Marijuana Laws in Ohio

Ohio became the 25th U.S. state to legalize medical marijuana after Gov. John Kasich House Bill 523 into law in June 2016. Under the law, patients with a recommendation from a Ohio-licensed doctor are allowed cannabis plant material, edibles, patches, oils and tinctures. The law, however, prohibits smokable marijuana products and home cultivation.

The law took effect September 6, 2016. However, the state is still in the process of setting up growers and dispensaries. Ohio’s medical marijuana patient registry opened on December 3, 2018. and cannabis should be available to purchase from dispensaries before February 1, 2019. Until then, lawmakers are allowing patients to travel to Michigan or other nearby legal states to purchase marijuana and carry it back across state lines.

The following conditions are approved for medical marijuana prescription in the state:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Alzheimer’s Disease
  • Cancer
  • Chronic Traumatic Encephalopathy (CTE)
  • Crohn’s Disease
  • Epilepsy and other Seizures Disorders
  • Fibromyalgia
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Inflammatory Bowel Disease
  • Multiple Sclerosis
  • Pain (Chronic, Severe or Intractable)
  • Parkinson’s Disease
  • Post-Traumatic Stress Disorder (PTSD)
  • Sickle Cell Anemia
  • Spinal Cord Disease or Injury
  • Tourette’s Syndrome
  • Traumatic Brain Injury
  • Ulcerative Colitis

CBD Hemp Oil in Ohio

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Ohio

Ohio’s law prohibits cultivating marijuana plants for personal or medical use and it is punished as possession.

Hemp can be grown in Ohio by licensed growers. In July 2019, Ohio Gov. Mike DeWine signed a bill that decriminalized hemp and hemp CBD products, paving the way for the development of a new hemp industry in the state. Senate Bill 57 allows Ohio farmers and university researchers to grow hemp and also legalizes the sale of hemp CBD oil. The hemp program will be overseen by the Ohio Department of Agriculture. Ohio is one of the first three states to have its hemp program approved by the U.S. Department of Agriculture (USDA). The state plans to allow commercial cultivation for the first time in 2020.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://norml.org/laws/item/ohio-penalties-2
  • https://www.mpp.org/states/ohio/
  • http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
  • http://codes.ohio.gov/orc/2925.11
  • http://www.cleveland.com/open/index.ssf/2016/06/ohio_legalized_medical_marijua.html
  • http://www.cleveland.com/metro/index.ssf/2016/11/marijuana_measures_pass_in_4_o.html

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With more states legalizing the use of marijuana it can be hard to stay up to date on Ohio marijuana laws. Click to learn more about marijuana laws in OH! ]]>