Three proposed bills are now afloat in the Ohio state legislature that would put controls on the market for unregulated hemp intoxicants in the state.
The latest draft law, introduced by Republican State Sen. Steve Huffman last month, would essentially ban the sale of products containing the hemp compounds. Senate Bill 326 would set a specific definition for an “intoxicating hemp product” and criminalize violations of the measure.
The bill defines an “intoxicating hemp product” as containing more than 0.5 milligrams of delta-9 THC per serving, 2 milligrams of delta-9 THC per package, or 0.5 milligrams of total non-delta-9 THC per package. That definition would effectively remove most hemp-derived delta-8 or delta-9 THC products from the market, as a standard package of gummies, for example, typically contains 10 servings with 10 milligrams of THC per piece.
‘Emergency measure’
“This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety,” the bill states. It cites the need to protect consumers, particularly youth, from “untested, unregulated, dangerous” THC products made from hemp. That’s in response to the wide availability of the products – in convenience stores, hemp shops and other outlets – which are often packaged to appeal to children.
Violators would face strict penalties under the proposed law. Selling intoxicating hemp products could result in fines starting at $10,000 for a first violation and escalating to $50,000 for a third offense. Criminal penalties include a first-degree misdemeanor for a first offense and a fifth-degree felony for repeat offenses or selling to individuals under 21.
If enacted, the Ohio Investigative Unit, in coordination with the Ohio Department of Public Safety, would enforce the measure, while the Ohio Department of Commerce could impose administrative penalties.
Other hemp bills
S.B. 326 is part of a broader legislative effort to get control over intoxicating hemp products after Gov. Mike DeWine earlier this year called for a crackdown on delta-8 THC and other hemp-derived synthetic compounds.
In May, Huffman and fellow Republican State Sen. Kirk Schuring introduced S.B. 278, which would prohibit selling adult-use hemp products to anyone under 21. The bill also proposes placing such products behind store counters and mandating ID checks for purchases.
In the lower house, Republican State Rep. Sara Carruthers proposed House Bill 642 last summer. It would require the Ohio Director of Agriculture to issue guidelines for adult-use hemp products.
Growing pot market
The push for regulation of intoxicating hemp comes as legal recreational marijuana sales in Ohio recently passed $143.4 million just three months of after the market was opened, according to the Ohio Department of Commerce Division of Cannabis Control. In several other states, marijuana operators have complained about the hemp intoxicants because they are freely available to the public and producers and distributors don’t incur expenses associated with licensed marijuana operators.
Never intended
Delta-8 and other hemp-based psychoactive compounds, all of which are synthetic in nature, started being popularized after passage of the 2018 Farm Bill, which failed to anticipate the market for intoxicating downstream products that has developed in the intervening years.
Producers have argued that because the 2018 Farm Bill made hemp and its downstream products legal, the hemp-derived intoxicants are therefore also legal. But even some in the hemp business have suggested that the Farm Bill never intended hemp to be used to make psychoactive compounds. They say nefarious players are exploiting the landmark bill’s language to sell highly potent synthetic THC products that are often rife with contaminants and inaccurately labeled.
Nationwide problem
In addition to delta-8 THC, hemp-derived HHC, THC-P and THC-O, have proliferated throughout the country, often marketed in packaging that mimics well-known brands of snacks and candy. Many producers and sellers have received warnings from the FDA regarding the safety of their products. FDA said it has received reports of serious adverse events from consumers who suffered “hallucinations, vomiting, tremors, anxiety, dizziness, confusion, and loss of consciousness.” At least one child’s death in Virginia was attributed to delta-8 consumption.
The U.S. Drug Enforcement Administration considers the intoxicating hemp products to be federally illegal. Some states continue to allow the products under a strict interpretation of federal law which legalized industrial hemp and its downstream derivatives. But other court rulings over the past two years have held that legalization of hemp in the 2018 Farm Bill never intended to allow intoxicating psychoactive products, which are made by manipulating hemp-derived CBD in the lab.