Ohio: Declares Delta 8 Illegal for Hemp Farmers & Sellers

Ohio regulators passed a new rule that goes into effect on May 2nd, 2022 effectively removing delta-8 products from hemp cultivation and sales - to medical marijuana controlled regulatory oversight.

This could be a crushing blow for hemp cultivators, manufacturers, distributors, and retailers that have been able to produce and sell delta-8 products under the Farm Bill and hemp regulations.

In 2019, Ohio joined the growing list of states that legalized hemp, allowing retailers to sell cannabidiol or CBD. Many people buy CBD oils, which they believe to have health benefits and which may also contain delta-8-THC. Yet the Ohio Medical Marijuana Control Program rules didn’t allow delta-8 in THC products at dispensaries.

“Marijuana markets have seen the emergence of novel cannabinoids, particularly Delta-8 THC and other THC isomers/analogs... that are either naturally occurring or can be artificially derived from CBD,” said Jennifer Jarrell, a spokeswoman for the Ohio Department of Commerce, one of three state agencies that runs the Ohio Medical Marijuana Control Program. “Delta-8 THC is a similar compound to Delta-9 THC, which is commonly referred to as THC, but has a slightly different chemical structure and is less psychoactive compared to Delta-9 THC.”

The new rule, which goes into effect May 2, defines THC in medical marijuana products as including but not limited to delta-1, delta-3, delta-4, delta-6, delta-8, delta-10 and of course delta-9.