Ohio Marijuana & CBD Laws 2025: The Real Story on Issue 2, Delta-8 & Hemp

Updated: December 8, 2025

Ohio’s cannabis laws have changed rapidly since voters approved Issue 2 in 2023. Adult-use marijuana is now legal, dispensary sales are underway, and lawmakers are tightening rules around “intoxicating hemp” products like Delta-8, THCA and THC drinks. At the same time, a new federal crackdown on hemp is scheduled for 2026, which will reshape what CBD and hemp products can legally stay on shelves.

This guide explains where Ohio’s marijuana, CBD and hemp laws stand right now, how we got here, and what consumers and retailers should expect next.

Quick Snapshot – What’s Legal in Ohio in Late 2025?

• Adult-use (recreational) marijuana is legal for adults 21+ and sold through state-licensed dispensaries.
• Medical marijuana remains available to registered patients under the Ohio Medical Marijuana Control Program.
• Home grow is allowed: up to 6 plants per adult and 12 per household for personal use.
• Purchase limits for adult-use customers are 2.5 oz of cannabis flower per day and up to 15,000 mg of THC in edibles, vapes and other products.
• Public use and impaired driving are still illegal, even though possession and private use are legal.
• CBD and hemp products are in a transition phase as Ohio and the federal government crack down on intoxicating hemp and set new THC limits.

How Ohio Got Here: From Medical to Issue 2 and Adult-Use Sales

Medical Marijuana (2016–2019)

Ohio legalized medical marijuana in 2016, and the program became fully operational around 2019 after the state finalized licensing and regulatory rules. Patients with qualifying conditions can purchase medical cannabis products from licensed medical dispensaries.

Issue 2 – Regulate Marijuana Like Alcohol

On November 7, 2023, Ohio voters approved Issue 2, the “Regulate Marijuana Like Alcohol” initiative. The law:

• Legalized possession and use of cannabis for adults 21 and older.
• Allowed adults to grow up to 6 plants per person and 12 per household for personal use.
• Created a new Division of Cannabis Control to license and regulate cultivators, processors, testing labs and dispensaries.
• Established taxes and funds tied to cannabis sales, including social equity provisions that lawmakers are now revisiting.

Adult-Use Sales Launch

Adult-use sales began in August 2024, when existing medical dispensaries were granted permission to sell recreational cannabis to adults 21+. Since then, Ohio has reported hundreds of millions of dollars in adult-use sales and continues to refine rules for licensing, local zoning and product limits.

June 2025 – Purchase Limits Increase

In June 2025, the Division of Cannabis Control updated daily purchase limits for non-medical customers. Adult-use buyers can now purchase up to 2.5 ounces of dried flower per day and up to 15,000 mg THC in non-flower products such as edibles, vapes and concentrates.

Adult-Use Marijuana Rules in Ohio (2025)

Who Can Buy and Where

• Adults 21+ may purchase recreational cannabis from licensed adult-use dispensaries.
• Registered patients can continue using medical dispensaries under the medical program.
• Unlicensed “gray market” sales remain illegal; selling cannabis without a state license is still trafficking.

Possession & Purchase Limits

For adult-use consumers in Ohio:

• Up to 2.5 ounces of cannabis flower per day from licensed dispensaries.
• Up to 15,000 mg of THC per day in edibles, vapes and other non-flower products.

Medical marijuana patients follow separate “90-day supply” limits under the medical program, which can be higher than the adult-use limits.

Home Grow Rules

• Adults 21+ may grow up to 6 plants per person, with a maximum of 12 plants per residence.
• Plants must be grown for personal use only; selling home-grown cannabis is still illegal.
• Recent legislation maintains home grow rights but prohibits cultivation in halfway homes, recovery houses and childcare centers.

Where You Can and Cannot Use Marijuana

• Use is generally limited to private property with the owner’s permission.
• Consuming cannabis in public places (parks, sidewalks, parking lots, transit stops, government buildings and most healthcare facilities) can still result in citations or charges.
• New rules reinforce bans on public smoking and public intoxication related to cannabis.

Driving & Employment Rules

• Operating a vehicle while impaired by cannabis remains illegal and can lead to OVI/DUI charges, fines, license suspension and even jail time.
• Employers in Ohio are still allowed to enforce drug-free workplace policies, conduct drug testing and discipline or terminate employees for marijuana use—even if that use is legal under state law.

CBD, Hemp & “Intoxicating Hemp”: Delta-8, THCA & THC Drinks

While adult-use marijuana is moving into a more mature regulatory framework, hemp-derived products are in a period of intense change. For several years, products like Delta-8 gummies, THCA flower and hemp-based THC drinks were widely sold in gas stations, smoke shops and CBD stores across Ohio. Lawmakers and regulators now see many of those items as “intoxicating hemp” and want them treated more like marijuana.

What Counts as “Intoxicating Hemp”?

In Ohio policy discussions, “intoxicating hemp” generally refers to hemp-derived products that can produce a noticeable high, such as:

• Delta-8 THC, Delta-10 and similar hemp-derived cannabinoids.
• THCA products that convert into THC when heated.
• Hemp-based THC drinks, vapes and gummies with psychoactive effects.

Governor DeWine’s Emergency Order & Court Fight

In October 2025, Governor Mike DeWine signed an emergency order declaring certain intoxicating hemp products a public health concern and attempting to temporarily ban their sale in Ohio. Hemp retailers and manufacturers sued, arguing that state law treats hemp products as non-adulterated and that the Governor overstepped his authority.

A Franklin County judge issued and extended a restraining order that paused the ban. As a result, many intoxicating hemp products remain on shelves while the lawsuit plays out and lawmakers advance a longer-term legislative fix.

Senate Bill 56 – Moving Intoxicating Hemp into the Cannabis System

Senate Bill 56 is the legislature’s major “clean-up” bill for Ohio’s marijuana and hemp laws. Among many changes, it:

• Preserves adult-use legalization but clarifies and tightens rules on potency, packaging, public use and impaired driving.
• Aligns Ohio law with new federal THC limits and prohibits most intoxicating hemp products outside of licensed marijuana dispensaries.
• Creates a temporary category for drinkable cannabinoid products (DCPs) that can be sold in liquor-licensed venues like groceries, bars and restaurants for a limited time.

For THC drinks under SB 56:

• Each serving may contain up to 5 mg THC.
• Labels must clearly disclose THC content per serving.
• The program is scheduled to sunset on December 31, 2026, unless extended or replaced.

The Coming Federal Hemp Crackdown (November 2026)

On top of Ohio’s state-level changes, Congress has approved new federal rules that dramatically narrow what counts as legal hemp. Once the rules take effect in November 2026, most intoxicating hemp products—including many Delta-8 and THCA items—will be banned nationwide.

Key federal changes include:

• Legal hemp products will be limited to 0.4 mg total THC per package, regardless of cannabinoid type.
• Many existing full-spectrum CBD tinctures, balms and beverages will exceed that limit and need reformulation or a move into state-licensed cannabis channels.
• Interstate shipment of THC-containing hemp products will be heavily restricted, forcing companies to operate state-by-state instead of nationwide.

Senate Bill 56 is written to mirror these federal standards, so Ohio retailers should expect state enforcement to closely track the new federal rules.

Local Bans & Moratoriums: Why Your Town May Not Have a Dispensary

Even though Issue 2 legalized adult-use marijuana statewide, local governments have authority to restrict or ban adult-use cannabis businesses. As of late 2025, well over a hundred Ohio cities and townships have passed temporary or permanent moratoriums on adult-use dispensaries.

That means you can legally possess cannabis under state law but may have no dispensary in your community. Many consumers still travel to nearby cities—or even to Michigan—to find better selection or prices.

What Message Boards & Reddit Users Are Saying

If you browse Ohio-focused subreddits like r/Ohio, r/Columbus and r/OhioMarijuana, a few recurring themes pop up in posts and comments:

• Frustration with hemp bans. Many posters accuse state leaders of hypocrisy, arguing that a “small government” should not be shutting down hemp shops or banning THC drinks and Delta-8 products.
• Confusion about what’s legal. People routinely ask whether they can still buy Delta-8, THCA flower or THC seltzers at local shops, and whether those products will disappear once new laws take effect.
• Price and quality complaints. Ohio dispensary prices and product quality are often compared to Michigan, with some consumers saying they still drive north for cheaper or stronger products.
• Seniors and normalization. Users note that older adults are one of the fastest-growing groups of cannabis consumers and helped push Issue 2 across the finish line.
• Political engagement. A subset of commenters urge others to focus their energy on lawmakers rather than on dispensary staff, recognizing that legislation ultimately drives pricing, access and product availability.

For retailers, this online commentary is a valuable signal: customers want clear, consistent rules, transparent testing and labeling, and stable access to the products they rely on.

What This Means for Ohio Consumers

• Buy from licensed dispensaries if you want the strongest legal protections for THC products in Ohio.
• Know your limits: up to 2.5 oz flower and 15,000 mg THC in non-flower products per day for adult-use purchases.
• Keep use private. Consume on private property with permission and avoid public smoking or obvious public intoxication.
• Never drive high. Cannabis-impaired driving is treated seriously and can come with heavy fines, jail time and long license suspensions.
• Expect hemp products to evolve. Delta-8, THCA and many full-spectrum CBD products may be reformulated, moved into licensed dispensaries or phased out entirely over the next one to two years.

What This Means for CBD, Smoke Shop & Hemp Retailers

If you operate a CBD shop, smoke shop or hemp retail business in Ohio, now is the time to plan ahead:

• Review your product mix. Identify which products depend on hemp-derived THC for their effects and may fall under “intoxicating hemp” restrictions.
• Follow SB 56 developments closely. The bill will set potency caps, packaging standards, licensing rules and timelines for THC beverages.
• Prepare for federal limits. With a 0.4 mg THC-per-package cap coming at the federal level, many popular full-spectrum CBD products will have to change to stay compliant.
• Educate customers. Use in-store signage, emails and blog posts like this one to explain why certain items are disappearing or being reformulated.
• Talk to legal counsel. A cannabis- or hemp-focused attorney can help you adjust your business model before new rules fully kick in.

Looking Ahead: Ohio Cannabis in 2026 and Beyond

Between Senate Bill 56 and the federal hemp crackdown scheduled for 2026, Ohio’s cannabis landscape will keep shifting. Adult-use marijuana is here to stay, but the mix of products on shelves—especially hemp-derived cannabinoids and THC beverages—will likely look very different in a year or two.

For both consumers and retailers, the best strategy is to stay informed, buy and sell through reputable licensed channels, and watch how lawmakers in Columbus and Washington continue to refine the rules.

Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on Ohio marijuana, CBD and hemp law compliance.