Section 928.01 | Definitions.
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) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code.
(I) "Medical marijuana" has the same meaning as in section 3796.01 of the Revised Code.
(J) "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.
Last updated January 16, 2026 at 2:21 PM
Available Versions of this Section
- July 30, 2019 – Enacted by Senate Bill 57 - 133rd General Assembly [ View July 30, 2019 Version ]
- March 20, 2026 – Senate Bill 56 - 136th General Assembly [ View March 20, 2026 Version ]