Is CBD Legal In Ohio?
2019 Complete Guide
Ohio CBD Laws 2019
2019 is upon us and the question remains, is CBD oil legal in Ohio yet? Considering that CBD products — CBD oils, CBD-infused edibles, vapes, and CBD topical creams, etc. — are widely available in the state, the answer may surprise you. State officials are saying the non-psychoactive cannabis compound is illegal — that is, NOT legal — unless it’s purchased in a licensed medical marijuana dispensary. However, not everyone agrees, and many Ohio residents, including legal advisers who specialize in cannabis cases, are willing to stand up to the state in the matter. Because of this, Ohio residents still enjoy easy access to CBD products.
Two Types of CBD Oil
Before we continue, it’s important to point out, for those few who are not aware of this fact, that there are two distinct types of CBD oil. One type is made from marijuana and contains THC, the compound found in marijuana that causes a high. This type of CBD-rich oil is typically referred to as cannabis oil. The other type of CBD oil is derived from hemp, which includes strains of cannabis which are essentially devoid of THC.
The issue in Ohio is that the state does not (yet) differentiate between the two types of cannabis — marijuana, and hemp. In fact, the Ohio State Board of Pharmacy, which is responsible for regulating medical marijuana, claims that CBD oils and CBD-infused products are covered under the rules of the state’s medical marijuana program which was approved by voters more than two years ago in the 2016 elections.
According to the board, in order to be sold legally, all products containing CBD oil or CBD isolate, regardless of which type of plant they come from, must comply with the rules of the state’s medical marijuana program. This includes undergoing testing in a state-licensed lab and being sold in a state-licensed dispensary, and only to state-approved medical patients.
But there’s a catch even for medical marijuana patients. The Ohio Department of Commerce and the State of Ohio Board of Pharmacy are required by law to ensure that the state’s medical marijuana program be up and running come September of 2018.
However, as of December, the first state-approved dispensaries are still believed to be several months away from having any inventory and opening their doors to patients.
More than 50 provisional licenses have been awarded by the board back in June. Those companies are now diligently building out their growing facilities and working to meet their regulatory obligations before they even think about harvesting a crop, extracting and packaging oils, and stocking shelves. This means that the first batch of CBD-rich cannabis oil or hemp CBD oil might not be available until early 2019.
Legal Experts Claim CBD Is Legal In Ohio
In the meantime, many shops in Ohio continue to stock CBD oil and other products made from hemp CBD in defiance of the board’s decision. The question is, why are they not being raided? The answer may lie in the fact that other hemp products such as seeds, seed oils, cosmetics, and clothing made from hemp fibers are widely sold across the state with impunity. In fact, these products, which are sold nationwide, have been available in Ohio for quite some time.
This fact may be the saving grace for those shops which are currently defying the board’s decree by continuing to stock and sell hemp-derived CBD oils, edibles, and topicals.
The fact of the matter is that if law enforcement officials were to seize these products they would be required to have them tested in order to prove their case. And, assuming the products are, indeed, made from hemp, those tests will show that the products are effectively THC-free and should be treated like any other hemp product, leaving the state with a feeble case.
In 2017, police actually did raid a number of businesses and confiscated their inventory of CBD products. Police ended up returning the products to the shops after a Union County prosecutor declined to press charges in another, unrelated case which happened two years earlier.
So, regardless of the board’s decree that hemp CBD oil is illegal outside of the state’s medical marijuana system, sellers of CBD products now appear to be immune from prosecution.
CBD Consumers Beware
In the meantime, although the shops selling CBD need not worry about the consequences of their actions, consumers who purchase these products, on the other hand, still need to watch their backs.
There have been a few cases where residents have been subject to harsh penalties for possessing CBD oil. In one particularly outrageous case, one man who was pulled over by police and found to possess CBD oil ended up spending four days in a jail cell, and was put on probation and ordered to wear an ankle monitor. But, keep in mind, these cases are extremely rare.
All this may change come 2019. The reason being that the federal government is expected to pass a new farm bill which includes measures which completely remove hemp and CBD from DEA oversight and divorce hemp and CBD oil from federal marijuana laws. If the powers that be in Ohio don’t respond in kind by amending the state’s cannabis policy as it pertains to hemp and CBD oil, it seems highly likely that a class action lawsuit will be filed to protect CBD manufacturers and sellers.
How To Buy Hemp CBD Oil Legally In Ohio
Going under the assumption that the legal experts are right, and that CBD oil products made from hemp are no different than any other product made from hemp and are therefore legal, Ohio residents have a couple of options for purchasing these products.
Until the state of Ohio implements a separate hemp cultivation policy, in order to purchase hemp CBD products outside of a licensed dispensary, the products must be imported from other states such as Colorado where hemp cultivation and the extraction of its essential oils are legal.
As we mentioned earlier, there are numerous shops in the state selling imported CBD products, especially in larger cities such as Columbus, Cleveland, Cincinnati, Akron, and Toledo.
If you want to completely avoid the chance of being pulled over on the way home and hassled for possessing CBD products made from hemp, it’s recommended that you purchased them online and get them delivered right to your doorstep. The websites below sell CBD oil and CBD-infused edibles, topicals, and vape oils.
Many of these online hemp CBD retailers will give you a discount using the promo code “CBDBAY”. You go shopping, give it a try!
How To Buy Cannabis CBD Oil Legally In Ohio
Once the state’s medical marijuana program gets rolling, patients holding a medical marijuana card will be able to purchase both hemp CBD oil and CBD-rich cannabis oil in state-licensed dispensaries.
In order to be approved for a medical marijuana card, residents must be certified by an Ohio physician. Some of the medical conditions which qualify residents for the program include AIDS, ALS, Alzheimer’s disease, cancer, Crohn’s disease, epilepsy, fibromyalgia, glaucoma, Parkinson’s disease, PTSD, and others.
Keep in mind that dispensaries are likely to carry both types of CBD oil. You need to be sure which type you’re purchasing. Those who purchase CBD products made from marijuana need to keep in mind that these products contain THC. That means that, for starters, they are likely to get you high. Furthermore, they are likely to cause users to fail a drug test or roadside sobriety test and potentially result in a DUI conviction.