Is Absinthe Legal in Ohio After the 2026 Law Changes?

Yes, absinthe is legal in Ohio as of 2024, provided it complies with state and federal alcohol regulations. The Ohio Division of Liquor Control (ODLC) permits its sale and distribution, aligning with the 2007 federal repeal of the thujone ban. However, products must meet labeling and alcohol content thresholds enforced by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Retailers must secure proper licenses, and absinthe containing over 50% ABV requires additional scrutiny under Ohio’s dram shop laws.

Key Regulations for Absinthe in Ohio

  • Alcohol Content Limits: Absinthe with ABV exceeding 50% is classified as a “spirituous liquor,” requiring a manufacturer’s license under Ohio Revised Code § 4301.17. Products below this threshold fall under beer/wine regulations.
  • Thujone Compliance: The ODLC enforces TTB standards, mandating thujone levels not exceed 10 ppm, consistent with 27 CFR § 5.23. Labels must explicitly state compliance.
  • Licensing and Distribution: Retailers must hold an A-1 (beer/wine) or A-2 (liquor) license. Direct-to-consumer shipping is prohibited unless the seller holds an Ohio direct shipper permit, per ORC § 4301.422.

Local enforcement prioritizes age verification and proper taxation. The ODLC conducts periodic audits of licensed establishments to ensure adherence to these provisions. Failure to comply risks fines, license suspension, or criminal penalties under ORC § 4301.66.