Hemp Legality: What’s Required of Dispensaries in Ohio

History

Hemp has had a somewhat complicated legal history in the state of Ohio. In the past, hemp was classified as a controlled substance and was illegal to grow or possess. However, recent changes in federal and state laws have made it legal to grow and sell hemp in Ohio, as long as certain regulations are followed. The federal government passed the 2018 Farm Bill, which legalized hemp at the federal level and removed it from the list of controlled substances. This bill also established a regulatory framework for the production of hemp, which includes requirements for testing, licensing, and record-keeping. Additionally, in Ohio, hemp dispensaries must go through a number of steps to be considered legal. Here is a high-level overview of the process and requirements:

Licensing

First and foremost, hopeful dispensaries must obtain a license from the Ohio Department of Agriculture (ODA). In order to sell hemp or hemp-derived products in Ohio, businesses must first obtain a license from the ODA. The license is issued after an application and fee are submitted, which will include providing detailed information about the business, the products being sold, and the people involved in owning and leading the business.

In addition to being a hemp dispensary, in order to grow hemp in Ohio, farmers must also obtain a license from the ODA (not FDA!) and follow their regulations, which include testing the hemp for THC levels and disposing of any plants that exceed the legal limit.

Hemp-derived products, such as CBD oil, edibles, and various topicals and smokeables, are now widely available in Ohio, as they are legal to sell as long as they contain less than 0.3% THC. However, it’s important to note that the sale of CBD products is still regulated by the Ohio Medical Marijuana Control Program, which requires CBD products to be labeled with certain information and to undergo testing for quality and safety.

Regulation

Dispensaries must meet the requirements of the Ohio Medical Marijuana Control Program. The Ohio Medical Marijuana Control Program regulates the sale of CBD products in the state, including those sold by hemp dispensaries. This means that hemp dispensaries must follow the program’s ever-changing requirements for labeling, testing, and quality control.

Hemp dispensaries must also follow federal and state laws related to the sale of hemp and hemp-derived products. This includes the 2018 Farm Bill, which legalized hemp at the federal level and established a regulatory framework for its production and sale.

But that’s not all; businesses that wish to sell hemp must also follow local zoning laws. Hemp dispensaries must comply with local zoning laws, which may have specific regulations or restrictions on where they can operate.

It is important for hemp dispensaries to carefully review and follow all of these requirements in order to avoid legal problems and ensure that their business is operating legally. If you are interested in purchasing hemp products, it is important to choose a reputable dispensary that offers high-quality products.

Testing

Like most things related to growing and selling hemp and CBD products, it’s ever-evolving. The regulations for testing CBD and hemp products are likely to change, and it is the responsibility of the dispensary to stay up-to-date on current regulations and comply with all applicable laws and regulations. At the present time, the Ohio Department of Agriculture requires that all hemp products sold in Ohio meet the following requirements:

1. The product must be tested for THC content to ensure that it does not exceed 0.3% THC, which is the legal limit.
2. The product must be tested for the presence of heavy metals, pesticides, and other contaminants to ensure that it is safe for consumption.
3. The product must be tested for its CBD content to ensure that it contains the amount of CBD claimed on the label.

Record-keeping

In Ohio, hemp and CBD dispensaries are required to keep certain records in order to remain compliant with state regulations and maintain their legality. The records that must be kept can vary depending on the specific products being sold and their intended use, but some common record-keeping requirements include the following:

1. Documentation of the seed source and genetic background of the hemp plants being grown.
2. Records of all hemp planting, cultivation, and harvest activities, including the date, location, and quantity of plants grown.
3. Documentation of all testing and analysis performed on the hemp plants and the resulting hemp products, including results of tests for THC content and the presence of contaminants such as heavy metals and pesticides.
4. Documentation of the growth source and chain of custody of the hemp or CBD products being sold, including all testing results and certificates of analysis.
5. Records of all sales transactions, including the date, amount, and name of the customer.
6. Records of all inventory and product movement, including the date, type, and quantity of products received and sold.
7. Documentation of any advertising or marketing materials used by the dispensary, including any claims made about the health benefits of the products being sold.