February 06, 2019

The Battle for Hemp in Ohio

As recounted in this space, Ohio has served recently as a high-profile battleground for hemp and hemp products such as CBD. This past August, the Ohio Board of Pharmacy issued guidance and a FAQ, inaccurately alleging that hemp-derived cannabidiol (CBD) is prohibited by law to be sold in retail stores. More recently, state and local law enforcement have been taking concerning actions against the sale of hemp products.

Our crack legal team at Frost Brown Todd, however, has discovered new legal support for the sale of hemp and CBD. As outlined in this letter, they sent this morning to the Ohio Attorney General and the directors of the Ohio Board of Pharmacy and Department of Agriculture, Jonathan Miller and Nolan Jackson illuminate a provision buried deep in Ohio law that, pursuant to passage of the 2018 Farm Bill, causes the automatic removal from scheduling under Ohio’s controlled substances law.

Indeed, they’ve discovered similar provisions in 22 other state laws, and have alerted authorities in each of these states. Better yet, we expect legislation to be introduced soon in the Buckeye State that would allow for the development of a hemp program, as well as permanently legalize the retail sale of hemp products such as CBD.

Please help us prepare for the introduction of that bill. If you live in Ohio, please employ our easy-to-use portal to contact your State Representative and State Senator to urge them to support legislation that legalizes hemp and CBD. Even if you don’t know who your representatives are, our portal uses your zip code to identify the right targets and help you prepare a powerful personal message. If you live outside of Ohio, please get in touch with your friends and social media contacts there to encourage them to use our portal. When we share our voices, we win!