Is Delta 8 Legal in Ohio?

May 27, 2025

Is Delta 8 Legal in Ohio? (2025 Update)

As of 2025, Delta 8 THC remains legal to buy and possess in Ohio — but only under tightly defined conditions. The state allows the sale of Delta 8 products that are hemp-derived, contain less than 0.3% Delta 9 THC by dry weight, and comply with testing and labeling rules. However, growing scrutiny from Ohio regulators continues to create uncertainty around the cannabinoid’s future.

An analysis by the Ohio Department of Agriculture confirmed that Delta 8 THC is not listed as a controlled substance in the state, provided it's derived from federally legal hemp and stays within the 0.3% Delta 9 THC threshold. At the same time, the Ohio Board of Pharmacy has expressed concern about unregulated sales of intoxicating cannabinoids and has indicated that products sold outside licensed dispensaries may fall under illegal drug classification if they don’t meet these hemp-based criteria.

Despite legislative proposals introduced in early 2024 that aimed to restrict or ban Delta 8, no statewide prohibition has been passed as of mid-2025. Retail and online sales continue, although enforcement efforts have increased — especially around mislabeled or untested products.

In short: Delta 8 is currently legal in Ohio, but only when it meets federal hemp guidelines and is sold through compliant retailers. Buyers and businesses must carefully follow testing, labeling, and sourcing rules to stay within the law.

Let’s now take a closer look at why Delta 8’s legal status remains so confusing — and what’s driving the ongoing debate.

Why Delta 8 THC’s Legal Status Is So Confusing

Delta 8 THC occupies a legal gray area in Ohio, leaving many consumers and businesses uncertain about its status. While hemp-derived cannabinoids like Delta 8 are federally legal under the 2018 Farm Bill, the psychoactive nature of Delta 8 has prompted state-level scrutiny and proposed regulations.

Delta 8 vs. Delta 9: Legal Classification Differences

Delta 8 THC and Delta 9 THC are both cannabinoids found in the cannabis plant, but they differ in chemical structure and legal treatment. Delta 9 THC is the primary psychoactive compound in marijuana and is heavily regulated. In contrast, Delta 8 THC is a minor cannabinoid typically synthesized from hemp-derived CBD. Because it's derived from hemp containing less than 0.3% Delta 9 THC, Delta 8 has been considered legal under federal law.

However, the psychoactive effects of Delta 8 have raised concerns among regulators. Ohio Governor Mike DeWine has urged lawmakers to ban Delta 8 products, citing their unregulated status and potential appeal to minors . This has led to proposed legislation aiming to restrict the sale of Delta 8 to licensed dispensaries and impose additional regulations.

The Role of the 2018 Farm Bill in Legalizing Hemp

The 2018 Farm Bill federally legalized hemp and its derivatives, provided they contain less than 0.3% Delta 9 THC by dry weight. This legislation removed hemp from the definition of marijuana in the Controlled Substances Act, effectively legalizing hemp-derived cannabinoids like Delta 8 THC.

Despite this federal legalization, states retain the authority to regulate hemp products within their borders. In Ohio, while Delta 8 remains legal under state law, recent legislative efforts reflect growing concerns about its safety and accessibility. For instance, Ohio Senate Bill 86 proposes limiting the sale of intoxicating hemp products, including Delta 8, to licensed dispensaries and imposing a 10% tax on such products .

These developments illustrate the complex and evolving legal landscape surrounding Delta 8 THC, highlighting the importance of staying informed about both federal and state regulations.

Next, we'll explore Ohio's specific laws and policies regarding Delta 8 THC to provide a clearer understanding of its current legal status in the state.

Ohio’s Specific Laws and Policies on Delta 8 THC

Ohio’s approach to Delta 8 THC reflects a complex balance between federal guidelines and state-level concerns. While Delta 8 is not classified as a controlled substance in Ohio, its unregulated sale and psychoactive properties have prompted legislative scrutiny.

What Ohio Law Says About Hemp-Derived THC

Under the 2018 Farm Bill, hemp and its derivatives, including Delta 8 THC, are federally legal provided they contain less than 0.3% Delta 9 THC by dry weight. Ohio aligned with this federal stance through Senate Bill 57 in 2019, legalizing hemp cultivation and products within these THC limits. Consequently, Delta 8 products derived from hemp and meeting the THC threshold are legal in Ohio.

However, the psychoactive effects of Delta 8 have raised concerns. Governor Mike DeWine has advocated for stricter regulations or an outright ban, citing the ease with which minors can access these products and their marketing that appeals to children .

Regulatory Enforcement and State Agencies’ Stance

The Ohio Department of Agriculture oversees hemp cultivation and processing, ensuring compliance with THC content regulations. Yet, the sale of Delta 8 products, especially those not subjected to rigorous testing, remains largely unregulated. In response, the Ohio Senate passed Senate Bill 86 in May 2025, proposing that intoxicating hemp products like Delta 8 be sold exclusively through licensed marijuana dispensaries. The bill also suggests a 10% tax on these products and mandates age restrictions, packaging standards, and product testing.

Court Cases, Bans, or Legal Challenges

While there haven't been significant court cases in Ohio specifically targeting Delta 8, the legislative landscape is evolving. Senate Bill 326, introduced in late 2024, aimed to ban intoxicating hemp products altogether. However, industry stakeholders argued that such a ban would drive the market underground, leading to unregulated and potentially unsafe products . As of now, no statewide ban has been enacted, but the push for stricter regulations continues.

In summary, while Delta 8 THC remains legal in Ohio under specific conditions, the state's regulatory environment is in flux. Consumers and businesses should stay informed about legislative developments to ensure compliance and safety.

Can You Buy Delta 8 in Ohio?

In Ohio, residents can legally purchase Delta 8 THC products, both in physical stores and online, provided these products are hemp-derived and contain less than 0.3% Delta 9 THC by dry weight. However, the quality and reliability of these products can vary significantly depending on the source.

In-Store Delta 8 Availability in Ohio

Delta 8 products are available in various retail outlets across Ohio, including vape shops, CBD retailers, smoke stores, and some convenience stores. While these establishments offer the convenience of immediate purchase, the quality assurance of their products can be inconsistent. Many local retailers may not provide transparent information about product origins or third-party lab testing, which is crucial for verifying potency and safety . Therefore, consumers should exercise caution and seek out reputable stores that offer verifiable lab reports and detailed product information.

Buying Delta 8 Online in Ohio

Purchasing Delta 8 products online is legal in Ohio and often provides a safer and more reliable option. Online retailers typically offer a wider selection of products, detailed ingredient lists, and accessible third-party lab reports to verify compliance with legal THC limits and ensure product safety.

Additionally, online shopping allows consumers to research brands thoroughly, read customer reviews, and make informed decisions from the comfort of their homes. For example, Moonwlkr provides a range of lab-tested Delta 8 products that comply with federal and state regulations, ensuring quality and legality for Ohio residents.

In summary, while Delta 8 THC products are accessible both in-store and online in Ohio, purchasing from reputable online retailers like Moonwlkr offers greater assurance of product quality, safety, and compliance with legal standards.

Best Delta 8 Products for Ohio Residents

For Ohioans seeking legal, reliable Delta 8 options, Moonwlkr offers a curated lineup of hemp-derived products that meet both federal and state compliance standards. Each product is lab-tested, contains less than 0.3% Delta 9 THC by dry weight, and is shipped with full transparency around ingredients and cannabinoid content.

Delta 8 Gummies – Potent, Tasty, Easy to Use

Delta 8 gummies remain a favorite among users thanks to their portability, flavor range, and measured potency. Each piece delivers a precise dose, making it easy to control intake. Moonwlkr’s gummies are known for bold flavors, like Blue Dream Berry and Watermelon Zkittlez, and maintain strict quality control from formulation to packaging. They're an ideal option for anyone who wants a predictable experience without needing to vape or measure out oil.

Delta 8 Vapes – Fast-Acting, Smooth Effects

For those who prefer a more immediate effect, Delta 8 vape carts and disposables offer a fast-acting alternative. Moonwlkr’s vape lineup includes strain-specific cartridges that deliver smooth draws and clean vapor, with all batches backed by third-party lab results. Each unit is crafted using high-purity distillate and natural terpenes, giving users a potent experience without additives or fillers.

Alternative Products – Compliant Delta 9, CBD, or CBN

Some consumers may prefer milder options or seek out different effects like relaxation or sleep support. Moonwlkr offers federally legal Delta 9 gummies that stay within the 0.3% THC limit by dry weight but still deliver noticeable effects. For non-intoxicating options, full-spectrum CBD and CBN-infused formulas offer alternatives for stress relief and nighttime use. All are crafted from American-grown hemp and verified through independent testing.

Final Thoughts: Is It Safe and Smart to Buy Delta 8 in Ohio?

Delta 8 remains legally accessible in Ohio, but that doesn’t mean all products on the market are trustworthy. To avoid safety risks or legal issues, shoppers should always verify that products are hemp-derived, properly labeled, and tested by independent labs.

Moonwlkr continues to lead with transparency, compliance, and quality, ensuring that every Delta 8 item shipped to Ohio meets both regulatory standards and customer expectations. For those seeking clarity and peace of mind, buying from a trusted source like Moonwlkr makes all the difference.