COLUMBUS, Ohio — Ohio CBD users could have fewer places to buy hemp products if a bill restricting sales of most ingestible and intoxicating varieties to marijuana dispensaries becomes law.
Senate Bill 86 would require most products with 0.3% or more of any tetrahydrocannabinol (the psychoactive chemical known as THC) be sold at dispensaries. Exceptions would be made for lotions, salves and certain beverages.
Those products generally fall into a legal gray area that has allowed them to proliferate on the shelves at gas stations and convenience stores.
Supporters argue Ohio needs tighter regulations to protect children and bring hemp-derived intoxicants like Delta-8 in line with state marijuana laws. The hemp industry says this takes a sledgehammer instead of a scalpel to Ohio’s hemp market, a move they say would devastate small businesses and reduce consumer choice.
What is Delta-8?
Delta-8 THC is one of more than 100 cannabinoids produced by the cannabis plant, according to the U.S. Food and Drug Administration.
It’s derived from hemp and less potent than its cousin Delta-9 but can still get you high.
The reason sales aren’t restricted like the THC in marijuana is because of a loophole in the 2018 federal farm bill that legalized the cultivation and sale of hemp.
The legislation legalized the sale of cannabinoids derived from hemp like Delta-8, and the market exploded. Everything from gummies to drinks to vapes started selling in places where recreational marijuana remained illegal.
“It’s very much like marijuana, so it should be regulated the same,” said state Sen. Steve Huffman, a Miami County Republican.
That’s why he introduced SB 86. Huffman described Ohio’s intoxicating hemp market as unregulated, untested products that can be dangerous to your health. Similar efforts backed by Gov. Mike DeWine during the last legislative session did not pass.
SB 86 had its first hearing Tuesday in the Ohio Senate General Government Committee.
According to the FDA, “Some manufacturers may use potentially unsafe household chemicals to make delta-8 THC through this chemical synthesis process.”
And 12% percent of high school seniors used Delta-8 products in 2024, according to the annual Monitoring the Future survey from the National Institute on Drug Abuse.
Regulation or restriction?
The hemp industry doesn’t dispute those facts.
“We support testing. We support regulation. We support keeping products out of the hands of kids,” U.S. Hemp Roundtable attorney Jonathan Miller said. “We are the first to admit we have bad actors in our industry.”
But they’re the exceptions, Miller said, not the rule.
The “reputable retailers” he knows support strict rules for labeling, advertising and testing. They don’t sell intoxicating products to minors.
“The appropriate reaction is we need to regulate these products, not we need to ban them from retail sales,” he said.
Huffman’s response is that the products aren’t being banned. People could still purchase full spectrum CBD and intoxicating hemp products if SB 86 became law.
But retail store owners disagree.
“My customer age range is across the board, and I think some of the ones who are a little bit older are very reluctant to walk into a dispensary,” said Robert Berg, the owner of Tribal Balance in Cleveland.
About 60% of the products he sells are hemp based, and this legislation would block him from selling 40% of them.
“It’s a substantial hit,” he said.
Fifteen states ban sales of intoxicating hemp products, including Colorado. Other states, like Michigan, strictly limit sales.
Huffman floated both an outright ban and age-restricted retail sales, but after conversations with DeWine and House Speaker Matt Huffman, he decided putting these products in dispensaries was the best compromise.
The exception being hemp beverages. Those could be sold to Ohioans 21 or older by retailers with C and D liquor licenses. Huffman said refrigeration equipment is expensive, so letting liquor stores sell certain drinks made more sense.
He also landed on a $3.50 per gallon tax on hemp beverage manufacturers (same as alcohol) and 15% of gross receipts for other products.
“This is certainly a priority,” he said. “We think it will move quickly.”
Anna Staver covers state government and politics for Cleveland.com/The Plain Dealer.
The sale of many full spectrum CBD and intoxicating hemp products could be restricted to marijuana dispensaries if a Senate Republican bill becomes law. Read More
