A new bill introduced last week by Republicans in the Ohio Senate aims to ban the sale of intoxicating hemp products across the state, marking another step in the ongoing regulation of cannabis-derived substances.
State Sen. Stephen Huffman (R-Tipp City) introduced Senate Bill 326 (SB 326) on Thursday, just ahead of lawmakers’ return to the Ohio Statehouse for the lame duck session. SB 326 takes a strict stance on hemp-derived products containing THC, establishing specific thresholds for what constitutes “intoxicating hemp products.”
Defining Intoxicating Hemp
The regulation of hemp products has become increasingly complex both at the state level and nationally since the 2018 Farm Bill inadvertently legalized hemp cultivation for products containing less than 0.3% THC.
Under the proposed Ohio legislation, products would be classified as intoxicating hemp if they contain:
- More than 0.5 mg of delta-9 THC per serving
- More than 2 mg of delta-9 THC per package
- More than 0.5 mg of total non-delta-9 THC per package
Cannabis containing more than these limits is legal in Ohio, but if this bill were to pass, it could only be sold at state dispensaries. Currently, these products can be found in CBD, health food, grocery stores and gas stations due to the lack of regulation.
Moving intoxicating hemp products out of retail stores would add revenue to the state’s already booming legal cannabis program. Recent data from the Ohio Department of Commerce Division of Cannabis Control (DCC) shows that adult-use cannabis sales have raked in $143.4 million since stores opened in August.
Legislation Called an “Emergency Measure”
The legislation has been designated as an emergency measure, with the bill stating it is “necessary for the immediate preservation of the public peace, health, and safety.” Huffman noted the bill’s primary concern is protecting Ohioans, particularly youth, from what he calls “untested, unregulated dangerous tetrahydrocannabinol (THC) products.”
Enforcement and Penalties
If passed, the bill would be enforced by the Ohio Investigative Unit with support from the Ohio Department of Public Safety. The legislation includes substantial penalties for violations:
Administrative Penalties:
- First violation: $10,000
- Second violation: $25,000
- Third violation: $50,000
Criminal Penalties:
- First offense: First-degree misdemeanor
- Second offense: Fifth-degree felony
- Selling to individuals under 21: Fifth-degree felony
Part of Broader Hemp Regulation Efforts
This latest bill joins other legislative efforts to regulate hemp products in Ohio:
- S.B. 278, introduced in May by Senators Schuring and Huffman, which would ban selling adult-use hemp products to people under 21
- House Bill 642, introduced in July by Rep. Sara Carruthers, calling for recommendations from the Ohio Director of Agriculture regarding adult-use hemp products
These legislative moves follow Governor Mike DeWine’s call for regulation or prohibition of delta-8 THC products, which currently face no age restrictions for purchase despite their intoxicating effects.
National Context: Closing the Loophole
The push for regulation aligns with broader national trends. Seventeen states have already banned delta-8, with seven more implementing various restrictions, according to the National Cannabis Industry Association.
In June 2024, just days before U.S. House lawmakers adopted an amendment to the Farm Bill that would close a THCA “loophole” related to seeds and cannabis flower marketed as hemp, the Drug Enforcement Administration (DEA) reasserted that there is no loophole to begin with.
In some states including Ohio, high-THCA cannabis flower products have been labeled as hemp and sold outside the licensed cannabis market under the perceived loophole that these products contain less than 0.3% delta-9 THC until the end user lights up.
Cannabis and hemp are really just different varieties of the same plant. However, U.S. legislators created two legally distinct markets by defining hemp as “cannabis or cannabis extracts with less than 0.3% delta-9 THC” and “marijuana” being defined as over that amount.
Cannabinoids are stored in their cannabinoid acid forms, such as THCA, cannabidiolic acid (CBDA) and cannabigerolic acid (CBGA). Heat and light removes the acid through a decarboxylation reaction. When a person smokes or vapes raw cannabis flower, THCA in converted into THC through the decarboxylation process.
Legal Definition between Hemp and Cannabis Determined by Dry Weight
The 2018 Farm Bill creates a distinction between cannabis and federally legal hemp by defining hemp as containing no more than 0.3% delta-9 THC on a dry-weight basis. This definition includes any part of the plant including its seeds, derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers. The Bill does not specifically mention THCA.
“In regards to THCA, Congress has directed that, when determining whether a substance constitutes hemp, the delta-9 THC concentration is to be tested ‘using post-decarboxylation or other similarly reliable methods,’” Terrence L. Boos, Ph.D., chief of the Drug and Chemical Evaluation Section of the DEA’s Diversion Control Division, wrote in this May 13 letter. “Cannabis-derived THCA does not meet the definition of hemp under the CSA, because upon conversion for identification purposes as required by Congress, it is equivalent to delta-9 THC.” Boos said.
The U.S. Department of Agriculture (USDA) requires hemp to be lab tested within a 30-day window before harvest time to determine whether it meets the 0.3% delta-9 THC threshold defined in the 2018 Farm Bill. This pre-harvest test often uses gas chromatography to heat a testing sample, or other similarly reliable methods. In this testing method, when the THCA is converted to THC, the final delta-9 THC result is actually a total THC result, according the 2018 Farm Bill’s final rule.
So at the national level, hemp rules remain fuzzy since the farm bill expired a year ago. Congress must approve a new federal farm bill every five years. In 2023, President Biden signed into law H.R. 6363, the Further Continuing Appropriations and Other Extensions Act extending the 2018 Farm Bill to Sept. 30, 2024. Congress may take up the bill again during the lame duck session that began Nov 12th.
The Effect on the Hemp Industry in Ohio
Hemp farmers in Ohio have been feeling the effects of tight regulations for years. Now, this new legislation can tighten things even further. The impact of such legislation reaches all corners of the hemp industry, hitting the retail side incredibly hard.
Hemp/CBD retailers in Ohio will certainly be impacted by this legislation, if it comes to pass. MedicateOH had an opportunity to talk with one store owner about how this bill would impact his business.
Joseph Brennan owns Columbus Botanical Depot, located in the Clintonville area. He says this type of legislation would be detrimental to the hemp industry. “I see the hemp industry going under with a law like this going into place. The people who have been pioneering this industry with these products will surely be put out of business.”
Brennan explained, “Challenges would be finding companies that are making products within the standards. Very few companies make specific products to comply with local laws.”
“Customers Will Be Outraged”
Additionally, Brennan worries about his customers. “Although CBD is a large portion of the business, the THC products are just as popular and supply a lot of people with relief. Customers will be outraged after all this time of products being available and then all of the sudden they are not.”
Senate Bill 326 declares an emergency to protect youth from unregulated THC products. However, this fails to take into account all of the current policies regarding the sale of hemp products to minors. Much like alcohol products, customers are required to show proof of age with identification in order to make a purchase. Brennan remains diligent in keeping the local children safe. “We check the ID of every customer that shops at the Columbus Botanical Depot for the intoxicating products.”
Make Your Voice Heard about Hemp in Ohio
Senate Bill 326 had its first committee hearing in the Ohio senate Tuesday. You can follow the bill’s advancement and future hearings here. Make your voice heard on this issue by calling, sending an email, or writing a snail mail letter to the bill’s sponsor, Sen. Huffman. You can access his contact information here.
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