If you’ve been arrested with CBD oil in Ohio, contact us at Gounaris Abboud, LPA. Our experienced attorneys can help you fight criminal charges. CBD Oil Now Legal in Ohio On July 30, 2019, Governor Mike DeWine signed Ohio Senate Bill (SB) 57 legalizing the possession, purchase or sale of hemp and hemp products. The bill included an
Is CBD Oil Legal in Ohio?
Long Answer: For CBD oil to be legal in Ohio, It must come from a legal source of CBD.
The federal government exempted industrial hemp from its definition of marijuana in the 2018 Farm Bill.
Therefore, CBD oil made by a hemp manufacturer licensed in a state with an approved regulatory program is legal.
However, the federal government has not yet approved the use of CBD in any dietary supplement or food. The Ohio legislature created its legal hemp program in 2019.
As part of the program, Ohio legalized CBD and cosmetics, personal care products, dietary supplements, and food made from hemp.
Under either rule, “hemp” means the plant Cannabis sativa L (cannabis) that tests below a 0.3% total delta-9 tetrahydrocannabinol (THC) concentration.
THC is the psychoactive compound found in the cannabis plant. If the plant tests higher than 0.3% THC, it is marijuana. Marijuana remains a Schedule I drug under federal and state law.
The Ohio Bureau of Criminal Investigation’s crime labs can test and distinguish between hemp and marijuana. Private labs can also distinguish between legal and illegal plants and products.
If you’ve been arrested with CBD oil in Ohio, don’t hesitate to contact us at Gounaris Abboud, LPA. Our experienced criminal defense attorneys understand the legal distinctions and can help you fight any criminal charges you may face.
What Is CBD Oil?
“Cannabidiol,” known as CBD, is one of many chemical compounds (called phytocannabinoids) found in the cannabis plant. Both THC and CBD naturally occur in the cannabis plant.
Licensed hemp farmers use varieties of the cannabis plant that will develop up to 40% CBD and less than 0.03% THC. Unlike THC, CBD is non-intoxicating.
To make CBD oil, the manufacturer extracts the CBD from the cannabis flower using a mechanical or solvent-based extraction process, similar to making essential oils.
Then the manufacturer adds the CBD extract to a carrier oil, such as grapeseed or hempseed oil. Before a store can sell CBD oil, the manufacturer must test it for both CBD and THC concentrations.
Additionally, if sold in Ohio, it must meet Ohio’s food safety standards.
Is CBD Oil Legal Under Federal Law?
Since 1970, the federal government has outlawed possession of marijuana. The federal Controlled Substances Act (CSA) defines marijuana as all parts of the cannabis plant, whether growing or not.
The Act placed it in the most restrictive class, Schedule I. According to the CSA, Schedule I drugs have a “high potential for abuse” and “no currently accepted medical use.”
Starting in 2014, Congress decided to exclude “hemp” from the definition of marijuana. With the 2018 Farm Bill, it created a national industrial hemp program.
Under the Bill, State Departments of Agriculture could create their own hemp regulations to submit for federal approval or follow a USDA-created plan.
Hemp grown under an approved program by a licensed farmer became legal. However, cannabis plants that contain more than a trace amount (0.03%) of THC and products made from them remain Schedule I drugs.
In addition, the Bill gave the FDA authority over hemp and CBD products. The FDA regulates the safety of food and drugs sold in the U.S. To date, the FDA has approved only one CBD product, a prescription drug Epidiolex used for rare, severe disorders.
CBD Oil Is Not Illegal in Ohio: Senate Bill 57
In 2018, the Ohio governor approved a bill (SB 57) to decriminalize hemp and license hemp cultivation. SB 57 made it legal to possess and use hemp products containing less than 0.3% THC in Ohio.
This includes CBD oil. In addition, SB 57 legalized sales of CBD oil in stores outside of medical marijuana dispensaries. Finally, the law requires labels on hemp products that say they contain less than 0.03% THC.
Initially, the Ohio attorney general stopped prosecuting marijuana cases. The state’s crime labs could not tell the difference between the newly legal hemp and illegal marijuana.
SB 57 allocated $968,000 to the attorney general’s office to develop testing. Within a year, the Bureau of Criminal Investigation finished creating its testing protocol, and prosecutions resumed.
Despite the lab’s capabilities, they commonly experience testing delays, putting off prosecution for months or even years.
Were You Arrested With CBD Oil in Ohio?
Police officers cannot tell the difference between hemp and marijuana by sight alone. They are legally allowed to search for marijuana if they smell or observe what they think is marijuana.
They can arrest you if they have probable cause to believe that you possess illegal marijuana.
Unless your CBD oil is correctly labeled under Ohio’s hemp laws or you have proof of being a medical marijuana patient, the only way to prove your compliance with the law is through laboratory testing.
If you’ve been arrested for possessing CBD oil in Ohio, we can help. When you contact our firm, an experienced drug crime defense attorney will help you navigate through the legal system.
Our firm has achieved dismissals and penalty reductions for hundreds of people. Together, our award-winning attorneys have over 50 years of experience to use in your defense.
Our clients have called us trustworthy, empathetic, honest, and supportive, and we’ll be there for you throughout the legal process. Contact us today for a free case analysis at 937-222-1515.
Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend
University of Dayton School of Law where he received his Juris Doctorate. In 2011, Mr. Gounaris was awarded a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI Defense, Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.
CBD Oil Now Legal in Ohio
On July 30, 2019, Governor Mike DeWine signed Ohio Senate Bill (SB) 57 legalizing the possession, purchase or sale of hemp and hemp products. The bill included an emergency provision making it effective immediately, which means that school districts are likely to see an increase in requests for administration of cannabidiol (CBD) oil, a hemp derivative. School districts should be aware of Ohio’s legalization of hemp and hemp products and how the new provisions impact the use of derivatives like CBD oil.
Many people associate CBD oil with marijuana, but SB 57 distinguishes the two by defining “hemp” and “hemp products,” and affirmatively excluding those items from the statutory definition of “marijuana.” “Hemp” is now defined as, “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 delta-9 tetrahydrocannabinol (THC) concentration of not more than .3% on a dry weight basis.” Hemp and marijuana both come from cannabis plants, but hemp plants have a very low concentration of THC. Marijuana has higher levels of THC, which is the active ingredient in marijuana that has the potential to create a “high” or intoxicating effect.
The new provisions define “hemp products” as any products made with hemp and containing .3% or less THC, including “cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol.” The language specifically excludes hemp and hemp products from the statutory definition of “drug,” and removes THC found in hemp and hemp products from Ohio’s list of Schedule I controlled substances.
As a result of hemp and hemp product legalization, the Ohio State Board of Pharmacy released a statement Tuesday, clarifying that in light of the bill, hemp products, including CBD oil now may be sold outside of licensed medical marijuana dispensaries. The Board of Pharmacy also stated that other Ohio Medical Marijuana Control Program (OMMCP) requirements do not apply to the use of hemp and hemp products, including CBD oil. The Board and the Ohio Department of Commerce plan to release future guidance regarding any OMMCP restrictions on licensed dispensaries selling hemp-derived CBD products.
Another important factor is the status of hemp legalization at the federal level. In 2018, the Federal Farm Bill removed hemp from the definition of “marijuana” in the Controlled Substances Act. But in its guidance document titled, “What you need to know (and what we’re working to find out) about products containing cannabis or cannabis-derived compounds, including CBD,” the U.S. Food and Drug Administrations (FDA) notes that CBD oil still is subject to the same laws and requirements as other FDA-regulated products. To date, the FDA only has approved one CBD prescription drug product for treating certain forms of epilepsy, and currently is working to study the overall effects of CBD use. The guidance also highlights that while some products are marketed to add CBD oil to food or label it as a dietary supplement, marketing CBD oil in this manner remains illegal under federal law.
So what’s a district to do? Now that hemp and hemp products like CBD oil are no longer considered “marijuana” or “drugs,” and their possession, purchase and sale are legal, districts should not treat them as illegal substances. Requests for administration of CBD oil to students should be treated the same as any other request for administration of a homeopathic remedy under existing board policies and procedures. Legalization of hemp and hemp products does not prevent the board from setting reasonable standards for administration of medications or other substances within the school setting. Remember, only hemp and hemp products containing THC levels not to exceed .3% are legal. School districts should set reasonable expectations and standards for the use of hemp and hemp product derivatives, as well as for verification that maximum THC levels do not to exceed .3% prior to any product’s approval for use in the school setting.