Cannabis is an amazing plant with several positive effects. However, cannabis is considered to be a Schedule I drug by the DEA. This has put a huge restriction on consumption, growth, and research to better understand all of the effects that this plant can do for the body. So, when hemp was redefined by the Farm Bill in 2018, the industry boomed in products and research. One cannabinoid, the compounds that make up the cannabis plant as a whole, is causing quite a commotion in the hemp industry. And it’s called Delta 8. So what are the laws surrounding Delta 8 on the federal level as well as in Ohio?

Delta 8

Delta 8 is a psychoactive cannabinoid similar to Delta 9, which is the main cannabinoid responsible for the euphoric high consumers feel when they consume cannabis. But the biggest difference between these two cannabinoids is on the molecular level. Each is structured slightly differently from one another. Delta 8 has a double bond on the 8th carbon chain whereas Delta 9 has a double bond on the 9th carbon chain. This difference is how Delta 8 is less potent and more controllable than Delta 9 as many consumers have reported.This difference is also how Delta 8 is considered to be federally legal while Delta 9 is still a Schedule I drug. How is this possible?

Federal Law

Back in 2018, the USDA passed what is known as the Farm Bill. In this bill, there is a separate definition of cannabis and hemp. The bill states: 

“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

This definition says as long as the final product contains less than 0.3 percent of Delta 9, then it is legal to produce, sell, and consume. This is a huge win for cannabis and hemp. They haven’t been defined separately since the Controlled Substances Act (CSA) in the 1970s. CSA labelled everything that came from the cannabis plant, whether it had psychoactive properties to it or not. Now that there is a difference, a whole new industry has opened up for hemp growers. 

But just because hemp and Delta 8 are legal on the federal level doesn’t mean it’s legal in every state. Each state creates their own laws when it comes to hemp and cannabis. It’s how some states have legalized medical cannabis and others haven’t. What does that mean for Ohio?

Ohio State Law

Like many other states, Ohio has adopted the same definition of hemp as defined in the Farm Bill. As long as a product contains less than 0.3 percent of Delta 9, it is legal to produce, sell, and consume in Ohio. Of course, laws are always subject to change. Research the rules and regulations in your state before purchasing and consuming Delta 8 products. 

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