Is THCA legal in Ohio? Ohio hemp, CBD, THC limit and kratom laws

The law in Ohio

Ohio moved ahead of the federal calendar. Senate Bill 56, signed on December 19, 2025, rewrote the hemp definition in section 928.01 of the Revised Code, and the new text took effect on March 20, 2026, nearly nine months before the federal change. Hemp is now the plant and its derivatives with no more than 0.3 percent total THC, THCA included, on a dry weight basis.

A final hemp-derived cannabinoid product, meaning anything sold to people or animals to eat, inhale or put on the skin, is not hemp if its container holds more than 0.4 mg combined of total THC, THCA and any cannabinoid with similar effects. The container is the innermost jar, bottle, bag, can, packet or cartridge in direct contact with the product. Section 3719.01 leaves only hemp out of the definition of marihuana, so a product over the line falls under the marijuana law, where adult-use marijuana must come from a licensed Ohio dispensary or be grown at home.

1. July 30, 2019Senate Bill 57 takes effect, creating Ohio's hemp law, chapter 928.
2. December 12, 2025The Board of Pharmacy's emergency rule places 7-OH and other mitragynine-related compounds in Schedule I.
3. December 19, 2025The governor signs Senate Bill 56 and vetoes its temporary program for hemp THC drinks.
4. January 1, 2026Hemp growers in Ohio move to USDA licensing.
5. March 20, 2026Senate Bill 56's hemp definition takes effect: 0.4 mg total THC per container, and no synthetic cannabinoids.
6. May 19, 2026The permanent kratom compound rule takes effect, leaving natural leaf out.
7. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA, delta-8 and synthetic cannabinoids

Section 928.031 has the Superintendent of Cannabis Control, with the Director of Agriculture, publish the lists behind the definition. The Division of Cannabis Control's lists, dated March 20, 2026, name THCA and delta-8 THC among the THC class cannabinoids found in the plant, and delta-10 THC, HHC, THC-O, THC-P and synthetic cannabinoids among those with similar effects.

A product is also not hemp if it contains a cannabinoid the plant cannot produce, or one the plant can produce that was synthesized or manufactured outside it. The section adopts federal changes to the lists automatically, and the superintendent may add or remove items after review.

We found no Ohio statute, rule or appeals court ruling that addresses THCA flower by name. Flower sold at retail is a final product under the definition, so the 0.3 percent and 0.4 mg a container limits both apply to it.

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6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Licenses, age and the vetoed drink program

Section 928.02 lets anyone possess, buy or sell hemp or a product made with hemp without a license, but processing hemp requires a license from the Department of Agriculture, and growers have been licensed by USDA since January 1, 2026. The department enforces chapter 928 with the Ohio Investigative Unit of the Department of Public Safety, and its rules must set standards for testing, labeling and packaging.

Chapter 928 sets no minimum age for hemp products. Senate Bill 56 included a temporary program that would have let bars, restaurants, breweries, grocery and carryout stores sell hemp THC drinks of up to 12 fluid ounces to adults 21 and older until December 31, 2026. The governor vetoed it, and the Legislative Service Commission's analysis notes that the surviving intent statement does not make hemp drinks legal.

CBD in food

Section 928.02 says that, notwithstanding any other law, adding hemp or a product made with hemp to another product does not adulterate it. A food or drink with CBD still has to meet the hemp definition, including the 0.4 mg a container limit on total THC and similar cannabinoids. The definition reaches products meant for animals too, so pet products are held to the same line.

Kratom, kava, amanita and spores

Ohio regulates kratom by compound. Rule 4729:9-1-01.1 places mitragynine-related compounds, natural or synthetic, in Schedule I, naming 7-hydroxymitragynine, mitragynine pseudoindoxyl, dihydro-7-hydroxy mitragynine and 7-acetoxymitragynine. The Board of Pharmacy adopted it by emergency rule on December 12, 2025, when it left out mitragynine itself. The permanent rule, in effect since May 19, 2026, leaves out only mitragynine in vegetation form, natural kratom leaf and ground leaf.

We found no Ohio statute or rule naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I under rule 4729:9-1-01.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Ohio has applied its own 0.4 mg limit since March 20, 2026. Read the federal page and What's changing on December 11.