The laws around CBD– and marijuana in general– are rapidly changing. Here's the latest information on the legality of CBD in Ohio. CBD laws vary across the nation, and states are changing their stance on hemp and CBD every day. It can be difficult to keep up, especially in states that have been hesitant to reconstruct cannabis laws, like Ohio. Is CBD legal in Ohio? Or is it only accessible through the state's limited medical program? Surprisingly,
Is CBD legal in Ohio?
Cannabidiol (CBD) has become increasingly popular and in-demand in the last few years. It can be found as an active ingredient in lotions and oils. It is also used in consumables that can range from tasty desserts to a daily vitamin gummy. They are available to buy online and, more recently, shops have started opening that only offer CBD products. As of 2019, the use of CBD oil has been decriminalized in Ohio.
However, it doesn’t mean that you should buy it or that it is safe just because it is decriminalized. What is CBD oil? Can it help those who use it? If it’s decriminalized, does that mean it is legal to purchase and consume? Here is some more guidance on this substance.
What Is CBD Oil?
Cannabis and marijuana are words that are used to describe the same thing. You know that CBD oil is associated with the drug but what exactly is it and where does it come from? CBD is a chemical compound and it is the second most common active ingredient in cannabis. It is also an essential part of medical marijuana that is sold legally in some states.
CBD oil can be derived from either a marijuana plant or a hemp plant. Hundreds of components are found in both of these plants. CBD is just one small part. Once CBD is extracted from the plant it is usually collected in an oil form. This oil is then sold as-is or it is added to other products like lotions and edibles. CBD does not cause the “high” that is usually associated with cannabis or marijuana.
Is CBD Oil Safe?
There is scientific evidence that CBD oil can help certain conditions including:
- Anxiety. CBD has been noted to help those with anxiety calm down a bit and lessen their worries.
- Insomnia. There is promising evidence that taking CBD oil and help people with both falling asleep and staying asleep.
- Chronic pain. Studies have been conducted in animals that show applying CBD on the skin through lotion can lower pain and reduce inflammation. This is good news for people with conditions like neuropathy and arthritis.
- Childhood epilepsy seizures. Evidence shows that this is especially true in kids who have seizures that do not respond well to anti-seizure medicines. Generally, these people take the oil by adding a few drops to a drink or directly apply oil to their tongue.
The U.S. Food and Drug Administration (FDA) has indirectly endorsed the benefits of CBD oil. In 2018 they approved a drug that contained CBD oil and extracts from a marijuana plant. The medicine is to help treat a rare and severe form of epilepsy that commonly appears in children.
While the use of CBD oil is generally safe, there are a few known side-effects. These include nausea, irritability, and fatigue. It can also interact with certain medications like blood thinners. For this reason, you should always consult with your doctor before starting a new medicine or supplement that contains CBD.
Federal and Ohio CBD Oil Laws and Regulations
CBD oil is readily available and most states in the U.S. have legalized its use in some way. In 2019, the Ohio legislature passed a law that decriminalized all hemp use in the state. This law eliminated confusion on several factors including:
- It allows retailers to sell CBD oil that is derived from hemp and contains less than .3% of THC to be sold
- It is legal for Ohio farmers to grow and process hemp
- It established a licensing system for farmers to follow if they want to get into the industrial hemp business
- It assigns state leadership by designating the Ohio Department of Agriculture as the authority to create all regulations regarding hemp and to assign licenses
- It allows state universities to cultivate and process hemp for research purposes
As with all drug laws, the federal government has its own regulations and each state can also make individual laws. The federal government’s take on CBD oil is confusing. It ultimately comes down to the source of the CBD in question. There should be no issues if the oil was extracted from a hemp plant. However, you could face fines if you are convicted of a federal drug charge for CBD oil that was extracted from a marijuana plant.
However, these types of federal charges are rare and it is unlikely that an individual would be federally prosecuted for having CBD oil that was derived from a marijuana plant. Sellers of CBD oil from this source would more likely be the target of any government raid or fine.
Contact the Cincinnati Drug Crimes Attorneys at Suhre & Associates, LLC For Help Today
For more information, contact the drug crimes attorneys at Suhre & Associates, LLC give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
Is CBD Legal in Ohio?
CBD laws vary across the nation, and states are changing their stance on hemp and CBD every day.
It can be difficult to keep up, especially in states that have been hesitant to reconstruct cannabis laws, like Ohio.
Is CBD legal in Ohio? Or is it only accessible through the state’s limited medical program?
Surprisingly, Ohio CBD laws are some of the most lenient in the nation. That means that CBD is incredibly accessible, but it may not be well regulated for quality.
Before you buy, here’s what you need to know:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- Ohio has very lenient CBD laws, allowing the cannabinoid to be used to make food, drinks, dietary supplements, topicals, cosmetics, and more.
- There is no minimum age for buying CBD and you do not need a prescription to access it. However, vendors can set their own rules for buying CBD and may not be willing to sell to those under the age of 21.
- Along with these lax regulations comes a certain level of risk. The state does not impose stringent testing or safety measures.
- In order to ensure that the products you choose are safe and potent, you may consider shopping online. Many online CBD brands ship legal CBD products to Ohio to buyers aged 18 and up.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Ohio?
Ohio has some of the more lenient CBD regulations when compared to other states that have enacted a hemp agriculture plan, like Minnesota or Alabama.
After the 2018 Farm Bill passed into law, Ohio passed SB 57, a bill that removed hemp from the state’s controlled substance lists and implemented a program to license hemp growers and support hemp as a marketable good. The bill made a clear distinction between hemp and cannabis in the state — hemp is cannabis material containing less than 0.3% THC.
Finally, the bill gave authority over the new hemp program to the state’s Department of Agriculture. Although some states have taken a more restricted approach (like New Hampshire, where CBD edibles are prohibited), Ohio has virtually no restrictions on the types of products that can be made from hemp. CBD can legally be used to make dietary supplements, cosmetics, topicals, food items, and more.
The state imposes some regulations on hemp growers, mostly regarding the plant material’s THC content. There are virtually no regulations placed on producers and vendors in the state, so it’s important to carefully research local CBD products before you buy.
Is full spectrum CBD legal in Ohio?
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, Ohio has no laws restricting full spectrum CBD products that contain 0.3% THC or less.
Is it legal to smoke CBD in Ohio?
Ohio has no restrictions against growing, selling, or possessing CBD hemp flower. Smokable hemp flower is a legal consumable in the state of Ohio.
Does Ohio have a CBD possession limit?
In line with their relaxed CBD laws, there is no possession limit for legal CBD products in the state of Ohio. Products that contain more than 0.3% THC are considered cannabis products and can only be accessed as part of the state’s medical cannabis program. These products may be subject to different possession laws.
Can doctors prescribe CBD in Ohio?
You do not need a prescription to access hemp CBD products in Ohio. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, like Ohio, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Ohio?
Thanks to the “free market” hemp industry created by Ohio hemp laws, you can buy many different types of CBD products in stores across the state. You may find CBD in grocery markets, convenience stores, and online
While Ohio’s lax regulations make it easy to find CBD, they don’t do much to protect against poor quality formulations and contaminants. This lack of regulation can put consumers at risk.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Can you buy CBD at 18 in Ohio?
In theory, CBD should be accessible to people of all ages, especially since it gained popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
Still, the legal age to buy CBD is unclear, often on both the state and federal level. Although there are no statewide laws in Ohio that impact purchasing age, laws may vary by the local jurisdiction, but generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it’s possible that most CBD vendors will require buyers to meet this minimum age requirement as well.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Ohio.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Ohio, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.