Everyone agrees [intoxicating hemp products are] targeted to children to look like Skittles and Oreo cookies and that it’s unregulated… We need to act because this stuff is poisoning kids [and] making kids sick.”
By Megan Henry, Ohio Capital Journal
Bill DeMora of Ohio (D), a state senator, introduced recently a bill to ban the sale intoxicating products made from hemp by people younger than 21. This bill, unlike some other bills that have been proposed, would only focus on hemp. It wouldn’t change the marijuana laws passed by voters.
Ohio Senate Bill 266 would also ban the sale of intoxicating hemp products that have not been tested under the same rules as marijuana and would prevent selling intoxicating hemp products that are “considered attractive to children,” according to the bill’s language.
According to its language, this bill would ban the sale of intoxicating products that “bear the likeness, contain the characteristics, and/or depict the realistic or fiction human, animal or fruits, including cartoon, artistic or caricature renderings.”
DeMora, a Columbus Democrat state senator said: “I introduced this bill to eliminate the things that everyone agrees are bad.” “Everyone agrees [intoxicating hemp products are] targeted to children to look like Skittles and Oreo cookies and that it’s unregulated… We need to act because this stuff is poisoning kids [and] making kids sick.”
Ohio Gov. Mike DeWine (R) has previously asked lawmakers to regulate or ban delta-8 THC products.
DeWine, in a Monday interview with reporters, said: “It is a big problem.” “There is no regulation whatsoever.” Regulation is needed. This is something that the legislator must address. We are also considering some other options that could be done without legislative action.
DeMora believes that marijuana and hemp-based products should be treated separately.
“Hopefully this bill will, if nothing else, we can all agree on one thing—to get the bad stuff out of the hands of kids and stop the marketing toward kids,” he said.
According to the 2018 Farm Bill, hemp is legal if its THC content is less than 0.3%.
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.
The Ohio Legislature has introduced a few bills to try and regulate hemp-based intoxicants.
Ohio Senate Bill 86
Ohio Senate bill 86 will ban the sale of hemp intoxicants to people under the age of 21, tax intoxicating cannabis products at 10 percent, and regulate cannabinoid drinks.
Bill would only allow intoxicating products of hemp to be available at dispensaries for adult use, and not at CBD stores, convenience shops, smokeshops, gas stations, or CBD stores.
The sale of intoxicating products made from hemp would be restricted unless the product has been thoroughly tested, as well as if it meets all standards regarding packaging, advertising, and labeling.
Republicans Ohio state Sens. Steve Huffman and Shane Wilkin introduced S.B. 86, which unanimously passed the Ohio Senate in April.
Ohio Senate Bill 56
Ohio Senate Bill 56 would regulate intoxicating hemp and change Ohio’s marijuana laws.
A licensed marijuana dispensary would be allowed to only sell intoxicating products made from hemp that were tested and complied packaging, advertising and labeling requirements.
Huffman (R-Tipp city) introduced S.B. The Ohio Department of Commerce would be required to regulate hemp-based products that are intoxicating and cannabinoid drinks.
The bill would also reduce the THC levels in adult-use marijuana extracts from a maximum of 90% down to a maximum of 70%, limit the number of active dispensaries to 400 and prohibit smoking in most public places.
S.B. 56 passed in the Senate earlier this year, but has yet to make it out of the House Judiciary Committee.
Ohioans passed a citizen-initiated law to legalize recreational marijuana in 2023 with 57 percent of the vote, and sales started in August 2024.
Ohio legislators can amend the law because it was passed by a citizen’s initiative and not as an amendment to the constitution.
Ohio House Bill 160
Ohio House Bill 160 mostly deals with potential changes to the state’s marijuana laws, but it also has an intoxicating hemp provision that would require every THC product to only be sold at Ohio’s regulated marijuana dispensaries.
H.B. H.B. 160 reduces the THC content in marijuana extracts to 70 percent from 90 percent. It also caps the number of dispensaries to 350 and transfers the majority of the marijuana tax revenues to the General Revenue Fund of the State.
This would make it illegal to use marijuana in public areas and provide expungement of prior convictions related to marijuana.
The law would make it unlawful to bring marijuana back into Ohio from another state.
Brian Stewart (R-Ashville) introduced H.B. 160, which has had three hearings so far in the Ohio House Judiciary Committee.
The original publication of this story is Ohio Capital Journal.