Ohio Code 928.02 – Regulation and monitoring of hemp cultivation; licensing
(A)(1) The director of agriculture shall establish a program to monitor and regulate hemp cultivation and processing in this state. Under the program, the director shall issue hemp cultivation licenses and hemp processing licenses in accordance with rules adopted under section 928.03 of the Revised Code.
Terms Used In Ohio Code 928.02
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Hemp: means the plant Cannabis sativa L. See Ohio Code 928.01
- Hemp cultivation license: means a license to cultivate hemp issued under section 928. See Ohio Code 928.01
- Hemp processing license: means a license to process hemp issued under section 928. See Ohio Code 928.01
- Hemp product: includes cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol. See Ohio Code 928.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- processing: means converting hemp into a hemp product. See Ohio Code 928.01
- state: means the state of Ohio. See Ohio Code 1.59
- University: means an institution of higher education as defined in section 3345. See Ohio Code 928.01
(2) As authorized by the director, the department of agriculture or a university may cultivate or process hemp without a hemp cultivation license or hemp processing license for research purposes.
(B) Except as authorized under division (A)(2) or (E) of this section, any person that wishes to cultivate hemp shall apply for and obtain a hemp cultivation license from the director in accordance with rules adopted under section 928.03 of the Revised Code. Except as authorized under division (A)(2) or (E) of this section, any person that wishes to process hemp shall apply for and obtain a hemp processing license from the director in accordance with those rules. Such licenses are valid for three years unless earlier suspended or revoked by the director.
(C) The department, a university, or any person may, without a hemp cultivation license or hemp processing license, possess, buy, or sell hemp or a hemp product.
(D) Notwithstanding any other provision of the Revised Code to the contrary, the addition of hemp or a hemp product to any other product does not adulterate that other product.
(E) The director shall issue a hemp cultivation license or hemp processing license in accordance with Chapter 4796 of the Revised Code to an individual if either of the following applies:
(1) The individual holds the applicable license in another state.
(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a hemp cultivator or hemp processor in a state that does not issue the applicable license.
Last updated December 29, 2023 at 7:28 AM