With the passage of Issue 2, I was wondering if this meant we could grow CBD hemp for personal use too. Quick answer — no, I don’t believe Issue 2 permits home grow of high CBD hemp.

This is an oddity where I think the legislature might want to tweak the text because it’s a little silly — someone who wants CBD can find a strain that produces 0.4% THC and it’s legal. A strain that produces 0.3%, however, isn’t legal. Basically, someone who wants to grow their own CBD needs to ensure their plants make enough THC to be legal. Yes, I know that it would be unlikely that anyone would bother enforcing “your home grow plant isn’t making enough of the psychoactive components”. I am speaking purely to the letter of the law.

 

How did I reach this conclusion? Marijuana is defined in the new code:

Section 3780.01 | Definitions.
(A) (1) “Adult use cannabis ” or “cannabis ” or “marijuana” means marihuana as defined in section 3719.01 of the Revised Code.

Following that reference, the definition specifically excludes hemp — although it also says that the “mature stalks of the plant” are not considered marijuana … so trading clones would be OK?

Section 3719.01 | Controlled substances definitions.
(M) “Marihuana” means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. “Marihuana” does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. “Marihuana” does not include “hemp” or a “hemp product” as those terms are defined in section 928.01 of the Revised Code.

Since hemp has been excluded, we need to determine how hemp is defined —

Section 928.01 | Definitions.
(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 delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.

Now that we know what terms mean, you will be permitted to grow six cannabis plants.

Section 3780.29 | Home grow.
(1) Cultivating, growing, and possessing not more than six cannabis plants at the individual’s primary residence …

Cannabis means what it means from 3719.01, which excludes hemp as defined in 928.01 — so, technically, the home grow provision does not legalize individuals to grow their own high CBD, very low THC plants. Your compliant plant needs to generally produce more than 0.3% THC.