Flowers of hemp plants that contain less that 0.3 percent tetrahydrocannabinol (THC) the primary psychoactive substance in marijuana, to be used for student instruction at the Cleveland School of Cannabis, October 30, 2023, in Independence, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.)
A pair of Ohio Republican state senators want intoxicating hemp products to only be sold at adult-use dispensaries — not convenience stores, smoke shops, or gas stations.
Ohio state Sens. Steve Huffman, R-Tipp City, and Shane Wilkin, R-Hillsboro, introduced Senate Bill 86, which would also impose a 15% tax on intoxicating hemp products sold at dispensaries and ban the sale of intoxicating hemp products to anyone under 21.
“Currently, intoxicating hemp products are untested, unregulated psychoactive products that can be just as intoxicating, if not more intoxicating than marijuana,” Wilkin said in his sponsor testimony to the Senate General Government Committee on Tuesday.
The 2018 U.S. Farm Bill says hemp can be grown legally if it contains less than 0.3% THC.
Ohio is one of about 20 states that does not have any regulations around intoxicating hemp products, according to an Ohio State University Drug Enforcement and Policy Center study from November 2024. Fifteen states ban these products. Seven states, including Michigan, regulate it like cannabis, while seven other states regulate it like consumer goods, according to the study.
“Given the lack of regulations, the intoxicating hemp industry has been able to confuse Ohio consumers and law enforcement by marketing themselves as ‘dispensaries’ with ‘recreational marijuana,’” Huffman said in his testimony.
Under the bill, intoxicating hemp products would only be sold at dispensaries if the products have been tested and comply with standards for packaging, labeling, and advertising. The bill would only apply to products that can be ingested or inhaled.
“To suppress the illicit market, this bill prohibits hemp products that are not sold in dispensaries from marketing the products as marijuana, using any terms associated with the sale of the product that would cause a consumer to infer the product is marijuana, or that the entity selling the product is a marijuana dispensary,” Huffman said in his testimony.
He had a bill in the last General Assembly that would have banned the sale of all intoxicating hemp products, but it wasn’t able to make it out of committee. Hemp business owners testified against the bill since it would end their livelihood, but they spoke in favor of regulations.
S.B. 86 would also regulate drinkable cannabinoid products.
“The bill also authorizes the manufacture and sale of low-dose drinkable cannabinoid products in Ohio’s dispensaries, craft breweries, bars and restaurants, and carry-outs, and imposes a $3.50 per gallon excise tax on manufacturers, similar to how we tax alcohol,” Huffman said in his testimony.
Ohio Gov. Mike DeWine has repeatedly asked lawmakers to regulate or ban delta-8 THC products and Wilkin thanked DeWine for calling attention to this issue.
“The administration has been a consistent voice in warning of the dangers of this unregulated, untested, and dangerous market, and we’re thankful for their efforts once again on this issue,” Wilkin said.
Follow OCJ Reporter Megan Henry on Bluesky.
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