Delta 8 THC Legitimate in Ohio
Yes, delta8 THC is legal in Ohio if it is obtained legally from medical marijuana and only contains less than the maximum federal level of 0.3 percent delta 9-THC. Delta 8 is also a minor cannabis ingredient closely related to the more popularly known cannabidiol (cannabis’ equivalent to THC). It is believed that delta 8 may actually cross into the bloodstream through the blood stream of non-users of medical marijuana. Thus far, medical marijuana users in Ohio are not limited to using delta 8; they may also use other lesser-known cannabidiol formulations, which are not tested for delta-9- THC.
Some argue that if delta-8 is included in a prescription treatment, doctors improperly prescribed it. If the state of Ohio authorizes the use of delta-8, does it then become a valid prescription for treating medical conditions? This would certainly be surprising to many who believe that only medical marijuana is authorized for purposes of medicinal use. Is delta-8 an alternative form of marijuana, or can it only be used to treat medical conditions? In an effort to find out, I contacted the office of the Ohio State Board of Pharmacy for a clarification.
The board explained that the state has allowed licensed caregivers to prescribe a product that contains delta-9- THC for some time. However, the state has recently changed its position and will not allow nurse or patient services to offer or prescribe delta-9- THC if it has not been administered through a valid prescription from a qualified doctor. “The balance between safety and risk is going to be the determining factor for what types of products manufacturers are able to sell,” the board’s vice president of business and marketing, Steve Baer, said. Currently, the 2018 Farm Bill allows for the cultivation of hemp, but will not allow patients to legally have access to it. According to the bill, hemp can only be used for purposes of “prescription” drugs or “mechanically manufactured drugs.”
Is Delta 8 THC Legitimate in Ohio?
I asked the pharmacist about whether it was against the law to buy delta-8 products over the counter in OH. “We don’t think there is any violation of law in taking it outside of a valid prescription…or even buying it over the counter,” he replied. However, he reminded me that many people purchase herbal remedies “under the impression that they are illegal when in reality they are not.” For example, vapor rubs are not considered prescription medication. It is illegal to buy, sell, or give away vapors.
Does this mean that anyone can buy and consume fully legal hemp-derived products such as delta-8 products, vapor rubs, and similar supplements? Not necessarily. As noted above, manufacturers are not allowed to carry their products around for the purpose of self-medication. But, if a patient wants to purchase these items because of a symptom or medical concern, then it is possible to lawfully acquire them without violating the law. For example, if a person suffers from chronic pain, a person may purchase a non-prescription pharmaceutical product like a vapor rub, and use that to help calm their nerves.
Is it legal to buy, sell, and use delta-8 products in Ohio without a prescription? At this time, no medical expert or physician has reviewed the legality of these supplements. In general, if a physician or expert in the field opines that a product is safe, that product may be deemed to be “fully legal throughout the state.” However, some of these products do contain traces of hemp.