Ohio Governor Mike DeWine stated that he plans to sign legislation that would prohibit the sale of intoxicating hemp products and revise parts of the state’s recreational cannabis law that voters approved in 2023. The measure also introduces new criminal provisions related to cannabis possession and sales.
Speaking with reporters during a morning appearance, DeWine said the bill would bring much-needed oversight to a market he believes has operated with little control.
The bill, Senate Bill 56, passed the state Senate earlier last week and now awaits the governor’s signature. If signed before the end of the year, the law could begin taking effect as early as March.
DeWine has been pressing lawmakers to address the issue since early 2024, repeatedly calling attention to delta-8 THC products. The products, often sold outside licensed cannabis dispensaries, are commonly found at CBD stores, smoke shops, and gas stations. While derived from hemp, many of the products contain psychoactive levels of THC.
The governor has repeatedly pointed to concerns about children accessing the products. He said the bill would prevent minors from purchasing potent hemp edibles and other THC-infused products at convenience stores. In his view, protecting young people is the most critical outcome of the legislation.
Data from the Ohio Poison Control Center has added urgency to the debate. In January 2024, the agency reported at least 257 cases of delta-8 exposure in recent years. More than 100 incidents occurred in 2023 alone, and 40 involved children younger than six.
Earlier this fall, DeWine attempted to curb sales by issuing a 90-day executive order halting the sale of intoxicating hemp products. The order took effect in mid-October but was quickly challenged in court. A Franklin County judge issued a temporary restraining order that paused enforcement until January. A hearing on the matter is scheduled for January 29.
SB 56 aligns Ohio law with recent federal action that restricts hemp products containing more than 0.4 mg of total THC per package from being sold outside licensed dispensaries. This represents a shift from the Farm Bill 2018, which allowed hemp cultivation if THC levels stayed below 0.3% by weight. Although the federal rule includes a one-year delay, states are permitted to act sooner.
SB 56 also permits beverages containing up to 5mg of THC to remain on the market through the end of 2026.
Beyond hemp regulation, the bill revises the state’s recreational cannabis framework. It lowers allowable THC concentrations in extracts and flower, limits smoking in public areas, and adds restrictions on packaging and transport. Bringing legally purchased cannabis from another state into Ohio would become a criminal offense.
The legislation also reallocates tax revenue, directing 36% of the revenue from recreational cannabis sales to local governments that host dispensaries.
These developments in Ohio are likely to be watched by multistate operators like Curaleaf Holdings Inc. (CSE: CURA) (OTCQX: CURLF), especially regarding the way hemp intoxicants are being outlawed since these actions could offer a model that other states replicate by restricting THC products to licensed marijuana outlets.
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