Ohio Code § 928.01

§ 928.01.

As used in this chapter: (A) “ Container ” means the innermost wrapping, packaging, or vessel in direct contact with a final

hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product

is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet,

can, carton, or cartridge.  “Container” does not include bulk shipping containers or outer wrappings that are

not essential for the final retail delivery or sale to an end consumer for personal

or household use. (B) “ Cultivate ” or “ cultivating ” means to plant, water, grow, fertilize, till, or harvest a plant or crop.  “ Cultivating ” includes possessing or storing a plant or crop on a premises where the plant or

crop was cultivated until transported to the first point of sale. (C) “ Hemp ” means the plant Cannabis sativa L. and any part of that plant, including the seeds

thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts

of isomers, whether growing or not, with a total tetrahydrocannabinols concentration,

including tetrahydrocannabinolic acid, of not more than three-tenths per cent on a

dry weight basis.  “ Hemp ” includes industrial hemp.  “Hemp” does not include any of the following: (1) Any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinols

concentration, including tetrahydrocannabinolic acid, of three-tenths per cent in

the plant on a dry weight basis; (2) Any intermediate hemp-derived cannabinoid product containing any of the following: (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa

L. plant; (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L.

plant and were synthesized or manufactured outside the plant; (c) More than three-tenths per cent combined total of total tetrahydrocannabinols, including

tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects

or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol

as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code . (3) Any intermediate hemp-derived cannabinoid product that is marketed or sold as a final

product or directly to an end consumer for personal or household use; (4) Any final hemp-derived cannabinoid product containing any of the following: (a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa

L. plant; (b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L.

plant and were synthesized or manufactured outside the plant; (c) Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols,

including tetrahydrocannabinolic acid, and any other cannabinoids that have similar

effects, or are marketed to have similar effects, on humans or animals as a tetrahydrocannabinol

as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code . (D) “ Hemp cultivation license ” means a license to cultivate hemp issued under section 928.02 of the Revised Code . (E) “ Hemp-derived cannabinoid product ” means any intermediate or final product derived from hemp, other than industrial

hemp, that contains cannabinoids in any form and is intended for human or animal use

through any means of application or administration, such as inhalation, ingestion,

or topical application.  “Hemp-derived cannabinoid product” does not include a drug that is the subject of

an application approved under subsection (c) or (j) of 21 U.S.C. 355 . (F) “ Hemp processing license ” means a license to process hemp issued under section 928.02 of the Revised Code . (G) “ Industrial hemp ” means hemp to which any of the following apply: (1) It is grown for the use of the stalk of the plant, fiber produced from such a stalk,

or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such

a stalk; (2) It is grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid

compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; (3) It is grown for purposes of producing microgreens or other edible hemp leaf products

intended for human consumption that are derived from an immature hemp plant that is

grown from seeds that do not exceed the threshold for total tetrahydrocannabinols

concentration specified in division (C)(1) of this section; (4) It is a plant that does not enter the stream of commerce and is intended to support

hemp research at a university or an independent research institute as the term “ independent research institute ” is defined by the director under section 928.031 of the Revised Code ; (5) It is grown for the use of a viable seed of the plant produced solely for the production

or manufacture of any material described in division (H)(1) to (4) of this section. (H) “ Intermediate hemp-derived cannabinoid product ” means a hemp-derived cannabinoid product that is either of the following: (1) Not yet in the final form or preparation marketed or intended to be used or consumed

by a human or animal; (2) A powder, liquid, tablet, oil, or other product form that is intended or marketed

to be mixed, dissolved, formulated, or otherwise added to or prepared with or into

any other substance prior to administration or consumption. (J) 1 “Marihuana” has the same meaning as in section 3719.01 of the Revised Code . (I) 1 “Medical marijuana” has the same meaning as in section 3796.01 of the Revised Code . (J) 1 “ Process ” or “ processing ” means converting hemp into a hemp product. (K) “ University ” means an institution of higher education as defined in section 3345.12 of the Revised Code and a private nonprofit institution with a certificate of authorization issued pursuant

to Chapter 1713. of the Revised Code. (L) “ USDA ” means the United States department of agriculture. 1

 Division designator so in original.