Are THC Gummies Legal in Ohio?
CGO & Co-founder of Sunday Scaries THC Aficionado Legalization & Mental Health Advocate
Beau Schmitt is an expert on cannabinoid studies, with an emphasis on Tetrahydrocannabinol (THC). He has pioneered innovative cannabis solutions...
These THC Gummies Are Legal In Ohio
Delta-9 Gummies
Understanding the Difference: Hemp-Derived vs. Marijuana-Derived THC Gummies
Before digging into Ohio’s specific laws, it’s essential to distinguish between two types of THC products: hemp-derived and marijuana-derived THC gummies.
Hemp-derived THC Gummies
Hemp-derived THC gummies are formulated using the raw materials from hemp plants, which, according to the 2018 Farm Bill, must contain less than 0.3% Delta-9 THC by dry weight.
These products are often marketed as legal alternatives to marijuana-based edibles and are widely available in states where recreational marijuana remains prohibited, including Ohio.
The majority of THC edibles found online, such as the delta-9 gummies for sale on our website, are hemp-derived.
Marijuana-derived THC Gummies
The raw materials from these edibles come from marijuana plants, which contain higher concentrations of Delta-9 THC. These products are typically only available to patients enrolled in medical marijuana programs or in states where recreational marijuana use is legal. In Ohio, marijuana-derived THC is restricted to medical use.
While the legal status differs from these two products, the end product (extracted THC) is chemically identical. So, the effects you'll receive from one will be the exact same as the other as long as every other variable remains consistent. For example: dosing.
In dispensaries, usually all gummies offered are marijuana-derived. Although some of them also sell hemp-derived edibles to offer a diverse selection to the customer.
Legal Status of Hemp-Derived THC Gummies in Ohio
Ohio follows federal regulations that were set by the 2018 Farm Bill, which legalized hemp and its derivatives, provided they contain no more than 0.3% Delta-9 THC by dry weight.
This means that gummies made from hemp with low levels of THC are legal in Ohio for anyone over the age of 18, though this age threshold could change with pending legislation.
Despite the legal status of hemp-derived products, there are efforts underway to tighten regulations in Ohio. Governor Mike DeWine, under the pressure of Ohioans, has expressed concern over the sale and accessibility of hemp-derived THC products, especially Delta-8 THC gummies, which have become increasingly popular.
Delta-8 THC is a naturally occurring cannabinoid that is chemically similar to Delta-9 THC but is often synthesized from hemp-derived CBD. Technically, Delta-8 should be covered by the 2018 Farm Bill as well. But since there is such a big amount of gray area in the industry and a misunderstanding of the different cannabinoids, Delta-8 seems to be getting the brunt of the scrutiny.
The major areas of concerns for the citizens of Ohio are how accessible these products are to children, the unknown side effects, inaccurate product labeling, dosing inaccuracies and foreign materials or unwanted substances found in these products.
This is why it's incredibly important to purchase from reputable brands who showcase third party lab results and have human customer service agents to chat with.
In response to these concerns, Governor DeWine and state legislators are pushing for more stringent regulations on hemp-derived THC products. One of the proposed measures includes restricting the sale of hemp-derived THC gummies to customers aged 21 and over.
In addition, there are discussions around requiring these products to be stored behind the counter in retail stores and kept in locked storage, similar to how alcohol and tobacco products are regulated.
These changes aim to prevent minors from easily accessing hemp-derived THC products and most credible hemp brands, like us here at Sunday Scaries, support this.
Bill HB 86
In 2023, the Ohio senate passed a bill called HB 86, with strict language that aimed to implement very low THC limits of .5mg per serving and 2mg per package in the hemp industry.
Fortunately, the House chose not to agree with this language so their are currently no dosing thresholds in place.
Legal Status of Marijuana-Derived THC Gummies in Ohio
In Ohio, marijuana-derived THC products are strictly regulated. Recreational use of marijuana, including THC gummies, is illegal.
However, medical marijuana is permitted under the Ohio Medical Marijuana Control Program (OMMCP), established in 2016 with the passage of House Bill 523.
Patients who are registered with the OMMCP and possess a valid medical marijuana card can legally purchase marijuana-derived THC gummies from state-approved dispensaries.
The medical program allows qualified patients to obtain various forms of cannabis, including edibles like gummies, to treat certain qualifying medical conditions. These conditions include: chronic pain, epilepsy, multiple sclerosis, PTSD, and more.
If you are dealing with a medical issue and are wondering if it is covered, you can check out How To Obtain Medical Marijuana on Ohio's Department of Commerce website.
For medical marijuana users in Ohio, it’s important to note that they must buy THC products, including gummies, from a licensed dispensary. This means you cannot purchase marijuana gummies online, especially if they need to be shipped across state lines.
While home cultivation is not permitted, Ohio has around 60 licensed dispensaries (and growing) where patients can legally purchase marijuana-derived THC products.
What Ohio Consumers Need to Know About THC Gummies
When purchasing THC gummies in Ohio, it’s crucial to understand what type of THC product you’re buying. If you’re a medical marijuana patient, you have access to marijuana-derived THC gummies, which contain higher concentrations of THC and are regulated through the state's medical marijuana program.
Make sure to follow all program guidelines and purchase from licensed dispensaries to stay compliant with Ohio law.
If you’re not part of the medical marijuana program, your only legal option for THC gummies in Ohio is to buy hemp-derived products.
Hemp-derived THC gummies are widely available both online and in stores, but remember that the state might soon introduce stricter regulations.
Here are a few key tips to keep in mind:
1. Read the labels:
Always check the labels of any THC gummies you purchase to ensure they are hemp-derived and contain less than 0.3% Delta-9 THC by dry weight. This helps ensure that the product is legal under both state and federal law.
2. Verify the source:
Make sure you’re buying from reputable retailers or online vendors. Reliable sellers will provide certificates of analysis (COAs) that verify the THC content and safety of the product. This transparency is essential for ensuring that the gummies comply with legal limits and are free from harmful contaminants. Also, research the brand to ensure they are sourcing their raw materials from the USA.
3. Stay updated on the law:
Ohio’s laws surrounding hemp-derived THC gummies may change, so it’s essential to keep an eye on any legislative updates. If Governor DeWine’s proposed regulations are enacted, you’ll need to be aware of new purchasing restrictions, such as the 21+ age limit and storage requirements in retail settings. We'll make regular updates to this article as more news rolls out.
Conclusion
In summary, Ohio’s current laws allow for the legal purchase of hemp-derived THC gummies, while marijuana-derived THC gummies are reserved for medical use only.
However, ongoing legislative efforts may impose new restrictions on the sale and accessibility of hemp-derived products. For now, both medical marijuana patients and non-patients alike can enjoy THC gummies within the confines of Ohio’s legal framework, as long as they adhere to the state's rules.
As the regulatory landscape continues to evolve, staying informed about Ohio’s cannabis laws is essential for anyone interested in buying or using THC gummies in the state.
Frequently Asked Questions
Are THC gummies legal in other states?
For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?
