Ohio also seeks to regulate psychotropic products derived from hemp

In Ohio, a new legislative initiative aims to limit the sale of psychoactive hemp products to adults and to finally regulate a rapidly growing but largely unregulated sector.

The Senator Bill DeMora, a Democrat from Columbus, introduced the Senate Bill 266, which would prohibit the sale of hemp-derived THC products to anyone under the age of 21 and ban packaging that is likely to appeal to children.

This bill comes at a time when state authorities are increasingly concerned about the proliferation of unregulated hemp products, including food products and e-cigarettes containing Delta-8 THC, often sold in colorful packaging that imitate popular candy brands such as Skittles or Oreos.

«I introduced this bill to ban these products, which everyone agrees are harmful,» said the Senator Bill DeMora. «[These products] target children and are not regulated… We must take action, because these products are poisoning children and making them sick.»

Under the proposal, products that «resemble or incorporate the characteristics of a real or fictional human being, animal, or fruit» would be banned from sale.

Endorsed by the governor

The initiative has already received the support of Ohio Governor Mike DeWine, who has spoken openly about the need to regulate the hemp industry. DeWine called the lack of oversight of «intoxicating» hemp a «major problem» and urged lawmakers to act quickly.

«There really are no regulations,» Mr. DeWine told reporters. «We need regulations. We need the legislature to take action on this. We are also, quite frankly, looking at certain steps I could take without legislative action.»

According to the Drug Enforcement and Policy Center at Ohio State University, Ohio is one of about 20 U.S. states that still lack comprehensive regulations regarding psychoactive cannabinoids derived from hemp, such as Delta-8 THC, the HHC or the THCP. These compounds are synthetically produced from hemp in order to produce psychotropic effects similar to those of THC.

Part of a broader regulatory debate

Mr. DeMora’s proposal is one of several competing bills currently under consideration in the Ohio Legislature. While the bill S.B. 266 while some focus specifically on hemp, other measures take a broader approach, linking hemp regulations to those governing cannabis, as recently adopted by California.

The Senate Bill 86, introduced by the Republicans Steve Huffman and Shane Wilkin, aims to restrict the sale of psychoactive hemp products to adults over the age of 21, impose an excise tax of 10 %, and require that all such products be sold exclusively in licensed cannabis dispensaries. The bill was unanimously passed by the Ohio Senate in April.

Another proposal, the Senate Bill 56, would place the regulation of psychotropic substances derived from hemp under the responsibility of the Ohio Department of Commerce. It would also reduce the THC concentration authorized in cannabis extracts ranging from 90% to 70%, would limit the number of active dispensaries to 400, and would restrict public consumption.

At the same time, the House Bill 160, represented by the Representative Brian Stewart, ... links hemp regulation to a broader reform of the state’s recently legalized adult-use cannabis market. The bill proposes limiting the number of dispensaries to 350 statewide, reducing the potency of extracts to 70 THC, and redirecting a large portion of tax revenue from cannabis sales to the state’s general fund.

Legalization brings new challenges

Voters in Ohio have approved recreational cannabis in November 2023, with 57% votes in favor. Retail sales began in August 2024, marking a major shift in the government’s approach to cannabis. However, the emergence of potent products containing THC derived from hemp—often sold outside the regulated system in gas stations, the CBD stores or online, has complicated the post-legalization landscape.

Since these hemp compounds are derived from federally legal hemp containing less than 0.31% THC, products containing them are not regulated. The 2018 Farm Bill has legalized hemp cultivation nationwide, but did not anticipate the wave of synthetic cannabinoids that now dominate the shelves of convenience stores.

For lawmakers like Mr. DeMora, the solution lies in separating the two markets: «Let’s hope that this bill will, at the very least, keep harmful products away from children and put an end to marketing aimed at them,» he said.