Intoxicating Hemp Products Bill Passes Ohio Senate

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Senate Bill 86 recently passed the Ohio Senate and now moves to the House where if passed, would change how intoxicating hemp products are able to be purchased.

Image | adobe.stock/squarelogo

Image | adobe.stock/squarelogo

Closing out the month of April, the Ohio Senate voted to pass Senate Bill 86 unanimously. In this legislation, intoxicating hemp products will be mandated to only be sold at state-licensed adult-use cannabis dispensaries (1).

At this point in time, these types of hemp products are purchasable at smoke shops, gas stations, convenience stores, and cannabidiol (CBD) stores. According to Senate Bill 86 (1,2), “The bill would prohibit sales at any establishment outside of the state’s adult-use dispensaries. It would also impose a 10% tax on intoxicating hemp products, set an age requirement of 21, and impose testing and labeling requirements.”

"Currently, intoxicating hemp products are untested, unregulated, psychoactive products that can be just as intoxicating, if not more intoxicating than marijuana," Senator Steve Huffman said (1,3). "This bill prohibits hemp products that are not sold in dispensaries from marketing the products as marijuana while also closing loopholes that would allow these dangerous products to be sold to our children. Having a well-regulated hemp industry supports Ohio's economy while protecting the consumer."

"Establishing regulations on potentially dangerous products protects Ohio's business owners and consumers," said Senator Shane Wilkin. "By instituting these rules, citizens can be confident that the product they purchase is as advertised. I'm proud to have played a role in settling this unregulated market in Ohio and look forward to its impact across the Buckeye State."

While the bill was under deliberation, Senator Ben DeMora expressed (1) that the measure “regulates intoxicating hemp products and removes the untested, unsafe items that are marketed toward children from corner stores and vape shops and gas stations.”

In March a debate took place on Senate Bill 86. Jaimee Courtney, CBD business owner located in Bellefontaine, Ohio, expressed in written testimony (1) to lawmakers that the legislation would eliminate 90% of the “non-intoxicating full-spectrum hemp products” sold at her business and would “drive consumers to unregulated online markets.” Not all businesses are in favor of the new legislation over concerns that this may lead consumers to purchase hemp products elsewhere such as unregulated marketplaces.

Senate Bill 86 will allow for intoxicating hemp products at a licensed cannabis dispensary. If purchased elsewhere, it could result in a first-degree misdemeanor for a first offense, as well as a fifth-degree felony on a second or subsequent offense. Additionally, if a product is sold to someone who is under the age of 21 years old, the person would be charged with a fifth-degree felony (3).

Now that Senate Bill 86 has passed in the Senate, it will now advance to the Ohio House to go under further deliberation.

References

  1. Branfalt, T. Ohio Senate passes bill imposing new regulations on intoxicating hemp products - ganjapreneur https://www.ganjapreneur.com/ohio-senate-passes-bill-imposing-new-regulations-on-intoxicating-hemp-products/ (accessed May 6, 2025).
  2. Senate Bill 86 https://www.legislature.ohio.gov/legislation/136/sb86 (accessed May 6, 2025).
  3. Senate adopts Wilkin Bill providing public safety improvements for hemp industry https://ohiosenate.gov/members/shane-wilkin/news/senate-adopts-wilkin-bill-providing-public-safety-improvements-for-hemp-industry (accessed May 6, 2025).
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