Why Ohio’s Delta‑8 Laws Matter
If you’re in Ohio and curious about using or selling Delta‑8 THC products, you’re right to ask — the laws are evolving fast, and what was once “broadly legal” is now under regulatory scrutiny. Knowing the current legal situation helps protect you from unexpected consequences and guides your purchasing decisions.
Key Points You Should Know
- Hemp‑derived cannabinoids like Delta‑8 were broadly legal after the Agriculture Improvement Act of 2018 (“Farm Bill”) if they contained ≤ 0.3 % Delta‑9 THC by dry weight.
- In Ohio, Delta‑8 is currently legal, provided it meets the hemp‑derivation and THC‑limit criteria.
- However, Ohio lawmakers in 2025 are pushing bills (such as Senate Bill 86) that would restrict intoxicating hemp products (including Delta‑8) to sales only in licensed dispensaries, add age limits, and impose stricter testing.
- Because regulation is in flux, you must check the source, lab testing, THC %, and local rules before buying or selling.
What Is Delta‑8 THC? (Definition & Hemp Loophole)
Delta‑8 THC (delta‑8 tetrahydrocannabinol) is a cannabinoid found in hemp and cannabis plants. It is chemically similar to the more common Delta‑9 THC but is typically less potent. The 2018 Farm Bill defined “hemp” as cannabis with ≤ 0.3% Delta‑9 THC by dry weight, which created a legal loophole for hemp‑derived cannabinoids like Delta‑8.
Because of this, products derived from hemp (and meeting the THC cap) are generally legal federally. But states, including Ohio, can regulate further or override how products are sold or marketed.
Ohio’s Current Legal Status for Delta‑8
- Under Ohio law, hemp cultivation and hemp‑derived products are legal when Delta‑9 THC is ≤ 0.3%.
- Delta‑8 THC is not explicitly banned in Ohio as of now, so products meeting the hemp law criteria can be sold and purchased.
- However, legislative action may change the status: Senate Bill 86 would treat “intoxicating hemp products” (including Delta‑8) like adult‑use cannabis—limiting sales to licensed dispensaries, imposing age 21+ requirements, and adding packaging/testing rules.
- Until such bills become law, enforcement is variable. Retailers and consumers must proceed with awareness.
Proposed Regulations & Bills to Watch (2025)
- Senate Bill 86: Approved by the Ohio Senate in May 2025; would require intoxicating hemp to be sold only in licensed dispensaries and to those 21+
- House Bill 160 / Senate Bill 56: These bills also propose changes to adult‑use cannabis law and impact hemp‑derived products like Delta‑8.
- If one of these bills passes, the practical availability of Delta‑8 in Ohio may shift from convenience stores to regulated dispensaries, and age & testing rules will tighten.
Where Can You Buy Delta‑8 in Ohio?
- Currently, because Delta‑8 is legal, it is widely available in Ohio—smoke shops, vape stores, CBD stores, and online retailers.
- Buying online: Many consumers order from licensed online retailers that ship to Ohio, ensuring better batch testing and transparency.
- What to check: Ensure the product is hemp‑derived, contains ≤ 0.3% Delta‑9 THC, has a Certificate of Analysis (COA), and the brand complies with local rules.
What You Must Check Before Buying (Quality, THC %, Source)
To protect yourself and stay compliant:
- Verify COA: Third‑party lab testing for potency, Delta‑9 THC %, contaminants
- THC %: Ensure Delta‑9 content is no more than 0.3% by dry weight
- Source: Hemp must be lawfully cultivated, processed, and derived from legal hemp
- Packaging & Labeling: Especially if SB 86 becomes law, packaging may change (age warnings, child‑resistant)
- Store’s compliance: If the outlet is a convenience/gas station, that's common, but future law may restrict this
- Stay updated: Because regulation is changing, a permissible product today may become restricted tomorrow
Frequently Asked Questions (FAQ)
Q: Do I need a medical card to buy Delta‑8 in Ohio?
A: No—Delta‑8 derived from hemp and meeting THC limits can be bought without a medical marijuana card.
Q: Can Delta‑8 be banned in Ohio?
A: Yes—proposed legislation may effectively regulate or restrict it significantly.
Q: Will Delta‑8 show up on a drug test?
A: Possibly—standard THC drug tests usually detect Delta‑9 metabolites, but Delta‑8 users may still test positive depending on metabolism and exposure.
Q: Can minors buy Delta‑8?
A: Currently, no age‑specific law explicitly prohibits minors from purchasing Delta‑8, but retailers often impose 21+ rules voluntarily, and proposed bills would make 21+ mandatory.
Q: What if I buy from an out‑of‑state seller online?
A: Online purchases are legal if the product complies with hemp law (≤ 0.3% Delta‑9 THC). However, you still must adhere to Ohio’s evolving rules and ensure the seller is reputable and offers COAs.
Alternative Conclusion: Navigate the Grey Zone with Informed Confidence
Yes—Delta‑8 is presently legal in Ohio if it’s hemp‑derived and contains no more than 0.3% Delta‑9 THC. But “legal” doesn’t mean “unchanging.” Ohio’s regulatory landscape is shifting fast, and products that are easy to buy today may face tougher rules tomorrow.
Your best strategy: buy from trusted brands, carefully check lab reports, stay aware of legislation, and use responsibly. When you’re informed, you move from risk to insight.
At Burning Daily, we champion clarity, compliance, and quality. Stay transparent, stay prudent—and let your choices reflect knowledge, not uncertainty.