Despite sharing the same parent plant, hemp and marijuana have different ratios between the major cannabinoids: CBD and THC.
Under the 2018 Farm Bill, hemp is no longer considered a controlled substance. It’s an agricultural commodity like any other crop that can be freely grown across the United States.
CBD Stores in Columbus
Can you legally buy CBD oil in Ohio if it comes from hemp?
Still, penalties for possession are very light compared with states like Georgia or Texas.
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. Each state is free to create its own cannabidiol rules, though few have done so.
In 2016, Governor John Kasich signed House Bill 532 into law. It legalized medical marijuana in Ohio. MMJ patients can have up to eight ounces of Tier 1 (mid-grade) cannabis as their maximum 90-day supply. This limit falls to 5.3 ounces for higher quality Tier II cannabis. The Ohio MMJ program has other, rather confusing limits, which we outline in our guide to getting a medical marijuana card in the state.
They also have to pay for testing and lose an entire crop if the hemp shows THC levels even slightly above 0.3%. In 2020, the Ohio Department of Agriculture tested over 280 samples, 20 of which had excessive THC levels.
Is CBD Oil Permitted in Ohio?
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.
However, there are a handful of states where county and local laws cause confusion. Also, some governors and attorney generals are intent on adding to the complexity surrounding CBD laws. As such, residents of some states aren’t quite sure if they can legally buy cannabidiol.
Even MMJ patients are not permitted to cultivate cannabis in Ohio. 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.
MMJ is legal in Ohio, and the program is becoming well-established. Recreational cannabis legalization may happen within the next few years. 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.
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.
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%.
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:
Ohio CBD laws
One of the most important things to pay attention to is if a CBD product is full spectrum, broad spectrum, or isolate.
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.
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.
Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out THC.