Ohio Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Ohio. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
RESTRICTEDCBD Products are legal with restrictions in Ohio. 3% Delta-9 THC under the Ohio Industrial Hemp Program (Ohio Revised Code Chapter 901). The Ohio Department of Agriculture oversees licensing and regulation.
Possession
Legal for adults to possess hemp-derived CBD products compliant with state and federal THC limits.
Sale
Sale is legal with proper licensing and adherence to labeling/testing requirements.
Penalties
Possession or sale of products exceeding THC limits or unlicensed sales may result in misdemeanor or felony charges.
Age Restriction
18+ for purchase and possession.
Delta-8 THC
RESTRICTEDDelta-8 THC is legal with restrictions in Ohio. 51 and the Ohio Department of Agriculture's hemp program. Products must contain less than 0.3% Delta-9 THC. The state does not explicitly ban Delta-8 THC and treats it as a legal hemp cannabinoid.
Possession
Legal if hemp-derived and under 0.3% Delta-9 THC.
Retail Sale
Allowed under hemp product regulations; must comply with testing and labeling requirements.
Penalties
N/A
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
RESTRICTEDOhio law bans the sale of intoxicating hemp products containing more than 0.4mg total THC outside of licensed dispensaries. While adult-use marijuana is legal, intoxicating hemp edibles cannot be sold in unlicensed stores following the 2026 law.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Illegal outside licensed dispensaries; legal only within regulated cannabis market
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
ILLEGALAs of December 2025, most kratom products are illegal in Ohio after being classified as Schedule I controlled substances by the Board of Pharmacy.
Possession
Illegal to possess kratom
Sale
Illegal to sell kratom
Penalties
Felony charges for possession and sale
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in Ohio under the Ohio Revised Code § 3719.41. Psilocybin is classified as a Schedule I controlled substance, making possession, sale, and manufacture criminal offenses.
Possession
Illegal; possession is a felony with penalties including imprisonment and fines.
Distribution
Illegal; sale and distribution are felony offenses.
Penalties
Penalties depend on quantity and offense but include imprisonment and fines.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Ohio. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 2.5 oz of flower and 15 grams of extract. Home cultivation of up to 6 plants per person (12 per household) is allowed.
Retail Purchase
Legal through licensed dispensaries under Issue 2 (2023). Retail sales launched from converted medical dispensaries.
Penalties
Possessing over 2.5 oz is a minor misdemeanor (up to $150 fine). Over 100 grams is a fourth-degree misdemeanor. Distribution without a license is a felony.
Age Restriction
21+
Salvia
LEGALSalvia divinorum is not classified as a controlled substance in Ohio and remains legal to possess and sell. However, operating a vehicle under the influence of salvia can result in OVI charges.
Possession
Legal. Salvia divinorum is not a controlled substance and possession is not a criminal offense.
Sale
Legal to sell in retail stores and online with no state restrictions.
Penalties
No penalties for possession or sale; felony charges possible for operating a vehicle under the influence of salvia under Ohio Revised Code § 4511.19.
Age Restriction
No state-mandated age restriction. Individual retailers may set their own policies.