The measure comes as the state wrangles with the fact that anyone — including minors — can legally purchase hemp-derived products that contain natural compounds such as delta-8 or THCA, two cannabinoids within the hemp plant that can make consumers feel high. Such products have become increasingly commonplace at convenience stores and smoke shops.
These products fall outside of Ohio’s regulated recreational and medical marijuana programs, and Huffman’s bill would have no effect on those programs.
Ohio Gov. Mike DeWine earlier this year called for the Ohio General Assembly to swiftly enact either a full-stop ban or at least instate an age-limit on delta-8 purchases.
Huffman’s S.B. 326 heeds DeWine’s call with a full ban, but Huffman told this news outlet that he’d be open to either option.
“I wanted to start with a total ban,” Huffman said. “It would be easier to start there and then look at (age limits), behind the counter (mandates) and things like that than go in the other direction.”
Credit: Al Behrman
Credit: Al Behrman
In his bill, “intoxicating hemp products” are defined as any hemp-derived product with more than 0.5 milligrams of delta-9 per serving; two milligrams of delta-9 per package; and more than 0.5 milligrams of non-delta-9 THC per package.
On Tuesday, Huffman told the Senate General Government Committee that the bill provides exceptions for products using other non-intoxicating cannabinoids, such as lotions or vapes that use CBD, and said he’d be open to a Democratic lawmaker’s suggestion that the bill explicitly allow non-intoxicating hemp products.
Huffman also warned the committee that the industry changes quickly — cannabinoids believed to be non-intoxicating can be altered in certain ways to become intoxicating — so his bill contains a provision granting the Ohio Department of Commerce the power to identify and regulate hemp-derived intoxicants.
“In the bill, it references the Department (of Commerce) to be able to ban future substances, so when the industry says, ‘Oh, look, chemically we can alter it this way and burn it at a different temperature and then it becomes something else intoxicating,’ the department would be able to quickly identify that and ban that,” Huffman said.
He hopes the bill will be passed by the legislature before the term ends at the end of the year.
If passed, the bill will have a substantial impact on Ohio smoke shops.
Best Buds Depot, a Trotwood smoke shop singled out by the state for advertising as “Ohio’s first” cannabis distributor following the state’s vote to legalize recreational marijuana — the shop sells hemp-derived products they argue aren’t legally defined as marijuana — and the target of a Trotwood police sting operation, declined to comment on the proposal Tuesday.
Further committee hearings on S.B. 326, including oppositional perspectives, are expected.
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Avery Kreemer can be reached at 614-981-1422, on X, via email, or you can drop him a comment/tip with the survey below.
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