If you're looking to buy CBD Oil in Ohio, this guide is for you. Understand the legalities and where to find it. If you’ve been arrested with CBD oil in Ohio, contact us at Gounaris Abboud, LPA. Our experienced attorneys can help you fight criminal charges.
CBD Oil in Ohio [Buyers Guide]
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We have now reached a point where CBD oil is available in almost every location in the United States. The 2018 Farm Bill legalized the growth of industrial hemp with a maximum of 0.3% THC. While the federal government hasn’t officially legalized any cannabinoids, there is an acknowledgment in most states that CBD is here to stay.
However, there are a handful of states where county and local laws cause confusion. Also, some governors and attorney generals intend to add to the complexity surrounding CBD laws. As such, residents of some states aren’t quite sure if they can legally buy cannabidiol.
That’s why we have created our series of guides to help keep you informed. Today, we look at whether CBD oil is legal in Ohio. We also outline the best places to purchase CBD products while taking a quick look at the state’s marijuana laws.
Is CBD Oil Legal in Ohio?
Yes. If you don’t qualify for an Ohio medical marijuana card, you can still use CBD oil. However, the product(s) in question must come from hemp and contain a maximum of 0.3% THC.
The 2018 Farm Bill legalized industrial hemp throughout the nation. States had to submit a plan to the USDA or go along with federal guidelines. It was great news for hemp growers, but the legislation didn’t explicitly legalize CBD. Though few have done so, each state is free to create its own cannabidiol rules.
Ohio CBD Law
In Ohio, Governor Mike DeWine signed SB 57 into law in July 2019. It legalized the possession, purchase, and sale of hemp and products derived from hemp. According to Ohio state law, SB 57 defined hemp and hemp products and emphasized that it is a distinct plant from marijuana. The bill put to rest any concerns about CBD being legal in Ohio.
SB 57 followed federal law by outlining that hemp in Ohio must have a maximum of 0.3% THC by dry weight. Otherwise, it is considered marijuana and is illegal. State law also mandates that all growers and processors of hemp are licensed, and their CBD products must be tested.
As long as a CBD product contains a maximum of 0.3% THC, it is legal for sale and use with no possession limits.
SB 57 helped alleviate the confusion caused by the Ohio Board of Pharmacy’s decision to ban the sale of CBD from any store that was NOT a medical marijuana dispensary in August 2018. Best of all, there are no possession limits for hemp-derived CBD products.
Senate Bill 57 also enabled the cultivation of hemp with a license. However, growers must pay for testing and will lose an entire crop if the hemp shows THC levels even slightly above 0.3%.
Farmers are unhappy at the seemingly arbitrary THC figure. The 0.3% level comes from a 1976 study that mapped different hemp strains. One of them remained below 0.3% THC, thus setting what was probably an unintended precedent.
Can You Buy CBD Oil in Ohio Online?
Yes. It is quick and easy to purchase CBD online in Ohio. Apart from the convenience, you can also expect to find a greater range of products for a lower price. It is also possible to check out third-party lab reports online and research to ensure a brand is reputable. Speaking of which, here are five highly-regarded CBD companies that ship to Ohio:
Although it is better to buy CBD online in general, you may want to purchase it over-the-counter if you live within easy driving distance. Here are five of the best stores selling CBD in Ohio:
Name of Store
2460 N High St, Columbus, OH 43202, United States
17114 Detroit Ave, Lakewood, OH 44107, United States
5063 Delhi Pike, Cincinnati, OH 45238, United States
2817 Woodburn Ave, Cincinnati, OH 45206, United States
5480 Roberts Rd, Hilliard, OH 43026, United States
What Are the Marijuana Laws in Ohio?
Ohio was one of the first states in the modern era to decriminalize simple cannabis possession, doing so in 1975. The law allows adults to possess up to 3.5 ounces before it becomes a serious offense. Otherwise, they receive a minor misdemeanor charge and pay a fine of up to $150.
In 2016, Governor John Kasich signed House Bill 523 into law. It legalized medical marijuana in Ohio. MMJ patients can have up to eight ounces of Tier I (mid-grade) cannabis as their maximum 90-day supply, and this limit falls to 5.3 ounces for higher quality Tier II cannabis.
The complete guide…
However, change is potentially on the horizon. In January 2022, the Ohio Board of Pharmacy announced its intention to update the rules so that MMJ cardholders can buy up to 9 ounces of dried flower in 90 days regardless of THC content. The hope is to implement the change sooner rather than later.
The Coalition to Regulate Marijuana Like Alcohol is trying to collect enough signatures to place an initiative to legalize recreational weed on the November 2022 ballot. It seems as if they are getting closer to completing this mission. However, recreational marijuana remains illegal in Ohio, and there are penalties for breaking this rule.
Cannabis Penalties in Ohio
The possession of between 100 and 200 grams of cannabis is a misdemeanor, and you could spend up to 30 days in prison if convicted. The possession of over 200 grams is a felony with the potential for a one-year jail term. You could spend up to five years in prison if caught with over 1,000 grams.
It is also illegal to provide cannabis ‘gifts.’ Two convictions for gifts under 20 grams is a misdemeanor punishable by up to two months in jail. Moreover, the sale of any amount of marijuana is a felony in Ohio. If convicted, you could serve up to 12 months in prison, and the length of imprisonment increases according to the amount you sell.
The possession of 200+ grams of cannabis in Ohio is a felony, with a potential prison sentence of 18 months.
Even MMJ patients are not permitted to cultivate cannabis in Ohio. There is a bill in place that aims to change matters, but at present, the state severely punishes individuals caught growing the plant.
The penalties for growing are the same as for possession in terms of volume. For instance, if you grow five plants and yield 80 ounces, you’re considered to possess 80 ounces of marijuana. That’s a felony by Ohio state law with a possible prison term of up to five years.
Final Thoughts on CBD Oil in Ohio
MMJ is legal in Ohio, and the program is becoming well-established. Recreational cannabis legalization may happen in a few years, if not sooner. Until then, residents can purchase CBD oil in Ohio. The cannabinoid is legal for sale, possession, and use as long as it comes from hemp and contains a maximum of 0.3% THC.
Unfortunately, the industrial hemp program in Ohio is having difficulties at present. Increasing competition, along with the high cost of growing hemp, not to mention the amount of labor involved, means many Ohio farmers are steering clear.
Is CBD Oil Legal in Ohio?
Long Answer: For CBD oil to be legal in Ohio, It must come from a legal source of CBD.
The federal government exempted industrial hemp from its definition of marijuana in the 2018 Farm Bill.
Therefore, CBD oil made by a hemp manufacturer licensed in a state with an approved regulatory program is legal.
However, the federal government has not yet approved the use of CBD in any dietary supplement or food. The Ohio legislature created its legal hemp program in 2019.
As part of the program, Ohio legalized CBD and cosmetics, personal care products, dietary supplements, and food made from hemp.
Under either rule, “hemp” means the plant Cannabis sativa L (cannabis) that tests below a 0.3% total delta-9 tetrahydrocannabinol (THC) concentration.
THC is the psychoactive compound found in the cannabis plant. If the plant tests higher than 0.3% THC, it is marijuana. Marijuana remains a Schedule I drug under federal and state law.
The Ohio Bureau of Criminal Investigation’s crime labs can test and distinguish between hemp and marijuana. Private labs can also distinguish between legal and illegal plants and products.
If you’ve been arrested with CBD oil in Ohio, don’t hesitate to contact us at Gounaris Abboud, LPA. Our experienced criminal defense attorneys understand the legal distinctions and can help you fight any criminal charges you may face.
What Is CBD Oil?
“Cannabidiol,” known as CBD, is one of many chemical compounds (called phytocannabinoids) found in the cannabis plant. Both THC and CBD naturally occur in the cannabis plant.
Licensed hemp farmers use varieties of the cannabis plant that will develop up to 40% CBD and less than 0.03% THC. Unlike THC, CBD is non-intoxicating.
To make CBD oil, the manufacturer extracts the CBD from the cannabis flower using a mechanical or solvent-based extraction process, similar to making essential oils.
Then the manufacturer adds the CBD extract to a carrier oil, such as grapeseed or hempseed oil. Before a store can sell CBD oil, the manufacturer must test it for both CBD and THC concentrations.
Additionally, if sold in Ohio, it must meet Ohio’s food safety standards.
Is CBD Oil Legal Under Federal Law?
Since 1970, the federal government has outlawed possession of marijuana. The federal Controlled Substances Act (CSA) defines marijuana as all parts of the cannabis plant, whether growing or not.
The Act placed it in the most restrictive class, Schedule I. According to the CSA, Schedule I drugs have a “high potential for abuse” and “no currently accepted medical use.”
Starting in 2014, Congress decided to exclude “hemp” from the definition of marijuana. With the 2018 Farm Bill, it created a national industrial hemp program.
Under the Bill, State Departments of Agriculture could create their own hemp regulations to submit for federal approval or follow a USDA-created plan.
Hemp grown under an approved program by a licensed farmer became legal. However, cannabis plants that contain more than a trace amount (0.03%) of THC and products made from them remain Schedule I drugs.
In addition, the Bill gave the FDA authority over hemp and CBD products. The FDA regulates the safety of food and drugs sold in the U.S. To date, the FDA has approved only one CBD product, a prescription drug Epidiolex used for rare, severe disorders.
CBD Oil Is Not Illegal in Ohio: Senate Bill 57
In 2018, the Ohio governor approved a bill (SB 57) to decriminalize hemp and license hemp cultivation. SB 57 made it legal to possess and use hemp products containing less than 0.3% THC in Ohio.
This includes CBD oil. In addition, SB 57 legalized sales of CBD oil in stores outside of medical marijuana dispensaries. Finally, the law requires labels on hemp products that say they contain less than 0.03% THC.
Initially, the Ohio attorney general stopped prosecuting marijuana cases. The state’s crime labs could not tell the difference between the newly legal hemp and illegal marijuana.
SB 57 allocated $968,000 to the attorney general’s office to develop testing. Within a year, the Bureau of Criminal Investigation finished creating its testing protocol, and prosecutions resumed.
Despite the lab’s capabilities, they commonly experience testing delays, putting off prosecution for months or even years.
Were You Arrested With CBD Oil in Ohio?
Police officers cannot tell the difference between hemp and marijuana by sight alone. They are legally allowed to search for marijuana if they smell or observe what they think is marijuana.
They can arrest you if they have probable cause to believe that you possess illegal marijuana.
Unless your CBD oil is correctly labeled under Ohio’s hemp laws or you have proof of being a medical marijuana patient, the only way to prove your compliance with the law is through laboratory testing.
If you’ve been arrested for possessing CBD oil in Ohio, we can help. When you contact our firm, an experienced drug crime defense attorney will help you navigate through the legal system.
Our firm has achieved dismissals and penalty reductions for hundreds of people. Together, our award-winning attorneys have over 50 years of experience to use in your defense.
Our clients have called us trustworthy, empathetic, honest, and supportive, and we’ll be there for you throughout the legal process. Contact us today for a free case analysis at 937-222-1515.
Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend
University of Dayton School of Law where he received his Juris Doctorate. In 2011, Mr. Gounaris was awarded a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI Defense, Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.