Is CBD (Cannabidiol, hemp-derived) Legal in Ohio? (2026)

Edible / ingestible

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Ohio as edible / ingestible. Ohio: over 0.4 mg total THC per container is not hemp since Mar 20, 2026; THC-free CBD only in general retail. The limit is null (mg per container). Controlling source: R.C. 928.01 (eff. 3/20/2026), authenticated.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
(mg per container)
Effective
2026-03-20
Effectively prohibitive
0.4 mg total THC per container; full-spectrum CBD at 0.5 to 2 mg exceeds it.

What the record says

SB 56 replaced R.C. 928.01 effective March 20, 2026: hemp is 0.3% total THC including THCA, and a final hemp-derived cannabinoid product with more than four-tenths of a milligram combined total THC per container is not hemp (marijuana, dispensary-only, 21+). 'Hemp-derived cannabinoid product' covers products for human or animal use by inhalation, ingestion or topical application, with no topical or pet carve-out. Full-spectrum CBD at 0.5 to 2 mg per container fails. Federal preliminary injunctions (latest Sept. 24 and Oct. 5, 2026, Fresh Farms) protect only named plaintiffs. Applies to CBD ingestibles (oil/tincture, capsules, gummies, drinks). Limit noted: <=0.4 mg combined total THC per container; 0.3% total THC. Pending: Federal suits produced plaintiff-specific injunctions only (Fresh Farms, Sept. 24 and Oct. 5, 2026). Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols

Source of excerpt

Citations

  1. R.C. 928.01 (eff. 3/20/2026), authenticated (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  2. R.C. 928.01 (web) (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Flower / raw plant

Illegal

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is illegal to sell at retail in Ohio as flower / raw plant. Ohio SB 56: final hemp products over 0.4 mg total THC per container are marijuana, dispensary only, since Mar 20, 2026. Effective 2026-03-20. Controlling source: R.C. 928.01 (authenticated, eff. 3-20-2026).

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Effective
2026-03-20
Effectively prohibitive
Since 2026-03-20 a final hemp-derived product with more than 0.4 mg total THC (THCa included) per container is not hemp; a normal 0.05% to 0.3% total THC CBD/CBG cigarette or pre-roll pack exceeds 0.4 mg.

What the record says

SB 56 replaced R.C. 928.01; hemp now excludes final hemp-derived cannabinoid products with more than four-tenths of a milligram of total THC per container, and total THC includes THCa. CBD and CBG cigarettes and pre-rolls are final products, so a pack with ordinary trace THC exceeds the cap and becomes marijuana sold only at licensed dispensaries (21+). Raw flower sold as 'hemp' plant material is arguably still hemp at 0.3% total THC, but any consumer-packaged flower risks being treated as a final product; treat as prohibited outside dispensaries. Penalty: selling intoxicating hemp outside dispensaries is reported as a first-degree misdemeanor, then fifth-degree felony. Watch the federal litigation (relief so far limited to named plaintiffs). Applies to CBD cigarettes, pre-rolls and flower. Flags: sale ban True, manufacture-only ban False, shipping ban False, 21+ True, license True, total-THC flower test True. Pending: Federal suits against SB 56 produced plaintiff-specific preliminary injunctions (Apr, Jun, Jul 2026); no general injunction verified. Federal: hemp redefinition limiting hemp-derived products to 0.4 mg total THC per container now takes effect 2026-12-11 (moved from 2026-11-12 by H.R. 6500, signed 2026-09-02, per Foley Hoag Sept 2026); a 0.3% total-THC pre-roll can exceed 0.4 mg per container.

Controlling language, verbatim

Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols

Source of excerpt

Citations

  1. R.C. 928.01 (authenticated, eff. 3-20-2026) (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  2. R.C. 928.01(C), (E) (eff. 2026-03-20, SB 56) PRIMARYOFFICIAL
  3. Ohio Hemp Ban Takes Effect: SB 56 guide (HBK CPAs, 2026-10-07)OTHER
  4. Ohio reforms: SB 56 and Issue 2 (Jan 8, 2026) (OSU Moritz College of Law, 2026-10-07)OTHER
  5. A Temporary Reprieve for Hemp-THC Products... But what now? (Foley Hoag, Sept 2026) (Foley Hoag LLP, 2026-10-07)OTHER

Other

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Ohio as other. Ohio: the 0.4 mg per container cap expressly covers products for animal use. The limit is null (mg per container). Controlling source: R.C. 928.01 (eff. 3/20/2026), authenticated.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
(mg per container)
Effective
2026-03-20
Effectively prohibitive
0.4 mg total THC per container; full-spectrum CBD at 0.5 to 2 mg exceeds it.

What the record says

SB 56 replaced R.C. 928.01 effective March 20, 2026: hemp is 0.3% total THC including THCA, and a final hemp-derived cannabinoid product with more than four-tenths of a milligram combined total THC per container is not hemp (marijuana, dispensary-only, 21+). 'Hemp-derived cannabinoid product' covers products for human or animal use by inhalation, ingestion or topical application, with no topical or pet carve-out. Full-spectrum CBD at 0.5 to 2 mg per container fails. Federal preliminary injunctions (latest Sept. 24 and Oct. 5, 2026, Fresh Farms) protect only named plaintiffs. Applies to CBD pet products. Limit noted: <=0.4 mg combined total THC per container; 0.3% total THC. Pending: Federal suits produced plaintiff-specific injunctions only (Fresh Farms, Sept. 24 and Oct. 5, 2026). Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols

Source of excerpt

Citations

  1. R.C. 928.01 (eff. 3/20/2026), authenticated (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  2. R.C. 928.01 (web) (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Topical

Restricted

As of October 8, 2026, CBD (Cannabidiol, hemp-derived) is legal to sell at retail with restrictions in Ohio as topical. Ohio: the 0.4 mg per container cap expressly covers topical application. The limit is null (mg per container). Controlling source: R.C. 928.01 (eff. 3/20/2026), authenticated.

Verified October 8, 2026 · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
(mg per container)
Effective
2026-03-20
Effectively prohibitive
0.4 mg total THC per container; full-spectrum CBD at 0.5 to 2 mg exceeds it.

What the record says

SB 56 replaced R.C. 928.01 effective March 20, 2026: hemp is 0.3% total THC including THCA, and a final hemp-derived cannabinoid product with more than four-tenths of a milligram combined total THC per container is not hemp (marijuana, dispensary-only, 21+). 'Hemp-derived cannabinoid product' covers products for human or animal use by inhalation, ingestion or topical application, with no topical or pet carve-out. Full-spectrum CBD at 0.5 to 2 mg per container fails. Federal preliminary injunctions (latest Sept. 24 and Oct. 5, 2026, Fresh Farms) protect only named plaintiffs. Applies to CBD topicals. Limit noted: <=0.4 mg combined total THC per container; 0.3% total THC. Pending: Federal suits produced plaintiff-specific injunctions only (Fresh Farms, Sept. 24 and Oct. 5, 2026). Federal: from 2026-12-11 the federal hemp definition excludes final hemp-derived cannabinoid products (ingested, topical or animal use) with more than 0.4 mg combined total THC per container (Pub. L. 119-37 div. B sec. 781, as delayed by Pub. L. 119-103 sec. 2019); full-spectrum CBD above 0.4 mg per container becomes marijuana federally in every state.

Controlling language, verbatim

Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols

Source of excerpt

Citations

  1. R.C. 928.01 (eff. 3/20/2026), authenticated (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  2. R.C. 928.01 (web) (Ohio Legislative Service Commission, 2026-10-07) PRIMARYOFFICIAL
  3. Pub. L. 119-37, div. B, sec. 781 and Pub. L. 119-103, sec. 2019 (U.S. Government Publishing Office, 2026-10-07) PRIMARYOFFICIAL

Status by product form in Ohio

FormStatusHeadlineVerified
Edible / ingestible RestrictedOhio: over 0.4 mg total THC per container is not hemp since Mar 20, 2026; THC-free CBD only in general retail.2026-10-08
Flower / raw plant IllegalOhio SB 56: final hemp products over 0.4 mg total THC per container are marijuana, dispensary only, since Mar 20, 2026.2026-10-08
Other RestrictedOhio: the 0.4 mg per container cap expressly covers products for animal use.2026-10-08
Topical RestrictedOhio: the 0.4 mg per container cap expressly covers topical application.2026-10-08

Where CBD (Cannabidiol, hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Ohio's 5 neighbors, Indiana, Kentucky and West Virginia are restricted; Michigan is gray area; Pennsylvania is legal.

Map and neighbor comparison show edible / ingestible. Open the interactive map · Every compound in Ohio

Federal posture

Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail

Pending deadlines

  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.

Verbatim law on file for Ohio

4 instruments on file for this compound's framework in Ohio; 11 of 14 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Ohio Rev. Code 928.01 · Definitions (hemp-derived cannabinoid product cap)OFFICIAL
Instrument
Definitions (hemp-derived cannabinoid product cap)
Source
https://codes.ohio.gov/ohio-revised-code/section-928.01
Retrieved
2026-10-07
Fingerprint
6c140edf84af933d
As used in this chapter: (A) "Container" means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. "Container" does not include bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use. (C) "Hemp" means 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 total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of not more than three-tenths per cent on a dry weight basis. "Hemp" includes industrial hemp. "Hemp" does not include any of the following: (1) Any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of three-tenths per cent in the plant on a dry weight basis; (2) Any intermediate hemp-derived cannabinoid product containing any of the following: (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant; (c) More than three-tenths per cent combined total of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code. (3) Any intermediate hemp-derived cannabinoid product that is marketed or sold as a final product or directly to an end consumer for personal or household use; (4) Any final hemp-derived cannabinoid product containing any of the following: (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant; (c) Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code. (E) "Hemp-derived cannabinoid product" means any intermediate or final product derived from hemp, other than industrial hemp, that contains cannabinoids in any form and is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application. "Hemp-derived cannabinoid product" does not include a drug that is the subject of an application approved under subsection (c) or (j) of 21 U.S.C. 355. (H) "Intermediate hemp-derived cannabinoid product" means a hemp-derived cannabinoid product that is either of the following: (1) Not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal; (2) A powder, liquid, tablet, oil, or other product form that is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption.
Ohio Rev. Code Sec. 928.01 (Definitions), divisions (A), (C), (E), (H) - as enacted by SB 56, 136th General Assembly, eff. March 20, 2026 · Ohio Rev. Code Sec. 928.01 (Hemp and Hemp Products - Definitions) - 'Container', 'Hemp' with synthetic-origin and 0.4 mg similar-effects exclusions, 'Hemp-derived cannabinoid product', 'Intermediate hemp-derived cannabinoid product'OFFICIAL
Instrument
Ohio Rev. Code Sec. 928.01 (Hemp and Hemp Products - Definitions) - 'Container', 'Hemp' with synthetic-origin and 0.4 mg similar-effects exclusions, 'Hemp-derived cannabinoid product', 'Intermediate hemp-derived cannabinoid product'
Source
https://codes.ohio.gov/ohio-revised-code/section-928.01
Retrieved
2026-07-02
Fingerprint
6c140edf84af933d
As used in this chapter:

(A) "Container" means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. "Container" does not include bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use.

(C) "Hemp" means 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 total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of not more than three-tenths per cent on a dry weight basis. "Hemp" includes industrial hemp. "Hemp" does not include any of the following:
(1) Any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of three-tenths per cent in the plant on a dry weight basis;
(2) Any intermediate hemp-derived cannabinoid product containing any of the following:
(a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
(b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant;
(c) More than three-tenths per cent combined total of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.
(3) Any intermediate hemp-derived cannabinoid product that is marketed or sold as a final product or directly to an end consumer for personal or household use;
(4) Any final hemp-derived cannabinoid product containing any of the following:
(a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
(b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant;
(c) Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.

(E) "Hemp-derived cannabinoid product" means any intermediate or final product derived from hemp, other than industrial hemp, that contains cannabinoids in any form and is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application. "Hemp-derived cannabinoid product" does not include a drug that is the subject of an application approved under subsection (c) or (j) of 21 U.S.C. 355.

(H) "Intermediate hemp-derived cannabinoid product" means a hemp-derived cannabinoid product that is either of the following:
(1) Not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal;
(2) A powder, liquid, tablet, oil, or other product form that is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption.
Ohio Revised Code 928.01(C) · Definitions -- Hemp; exclusions for intermediate and final hemp-derived cannabinoid products (SB 56, eff. 3/20/2026)OFFICIAL
Instrument
Definitions -- Hemp; exclusions for intermediate and final hemp-derived cannabinoid products (SB 56, eff. 3/20/2026)
Source
https://codes.ohio.gov/ohio-revised-code/section-928.01
Retrieved
2026-07-19
Fingerprint
eda464f28d51571e
(C) "Hemp" means 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 total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of not more than three-tenths per cent on a dry weight basis. "Hemp" includes industrial hemp. "Hemp" does not include any of the following: (1) Any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of three-tenths per cent in the plant on a dry weight basis; (2) Any intermediate hemp-derived cannabinoid product containing any of the following: (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant; (c) More than three-tenths per cent combined total of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code. (3) Any intermediate hemp-derived cannabinoid product that is marketed or sold as a final product or directly to an end consumer for personal or household use; (4) Any final hemp-derived cannabinoid product containing any of the following: (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant and were synthesized or manufactured outside the plant; (c) Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.
R.C. 928.01(C), (E) (eff. 2026-03-20, SB 56) · R.C. 928.01(C), (E) (eff. 2026-03-20, SB 56)OFFICIAL
Instrument
R.C. 928.01(C), (E) (eff. 2026-03-20, SB 56)
Source
https://codes.ohio.gov/assets/laws/revised-code/authenticated/9/928/928.01/3-20-2026/928.01-3-20-2026.pdf
Retrieved
2026-10-07
Fingerprint
5ca11dce0915c0e2
928.01 (C) "'Hemp' means the plant Cannabis sativa L. and any part of that plant" [...] [with a total THC concentration] "of not more than three-tenths per cent on a dry weight basis" [where total THC means] "total tetrahydrocannabinols, including tetrahydrocannabinolic acid". (C)(4) [Hemp does not include final hemp-derived cannabinoid products containing:] (a) "Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant" [...] (c) "Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols" [...]. (E) ["Hemp-derived cannabinoid product" means] "any intermediate or final product derived from hemp, other than industrial hemp" [intended for human or animal use by means] "such as inhalation, ingestion, or topical application". [Bracketed spans summarized; authenticated PDF dated 3-20-2026.]

Related

CBD (Cannabidiol, hemp-derived) in neighboring states

CBD (Cannabidiol, hemp-derived) in other states

Same framework in Ohio

Other compounds in Ohio

Cite this page

Compound Analytics. "Is CBD (Cannabidiol, hemp-derived) Legal in Ohio? (2026)." Compound Laws, https://compoundlaws.com/compounds/cbd/ohio/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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