State Senator Steve Huffman (R) introduced a new piece of legislation aimed at prohibiting the sale of intoxicating hemp products in Ohio.
Senate Bill 326, unveiled Nov 5, seeks to impose strict limits on THC content in hemp products. Huffman says the move is essential to protect public health and safety, reported Ohio Capital Journal.
A New Crackdown On Hemp
The bill defines “intoxicating hemp products” as any item 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.
These references are quite stringent and, considering what’s happened in similar regulatory decisions, they would force many THC beverages and full spectrum CBD Oil manufacturers – among others- to adjust to the newly imposed limits.
Similarly to recent restricting rules in California, the bill’s language frames the measure as an emergency act, citing a need for immediate action to safeguard Ohio residents, particularly young people, from “untested, unregulated dangerous THC products.”
Why Now?
The urgency behind SB 326 stems from concerns about the increasing availability of hemp-derived products that contain intoxicating levels of THC, such as edibles, vape cartridges and oils.
While the 2018 Farm Bill legalized hemp with less than 0.3% THC content, products that exploit this threshold and present higher concentrations of THC have gained popularity.
Legal And Financial Implications
If passed, enforcement of SB 326 would fall under the jurisdiction of the Ohio Investigative Unit, with support from the Ohio Department of Public Safety. The legislation also introduces steep penalties for non-compliance. Sellers of intoxicating hemp products could face:
- $10,000 fine for the first violation
- $25,000 fine for the second violation
- $50,000 fine for the third violation
Criminal penalties would escalate with repeat offenses. Selling intoxicating hemp products would result in a first-degree misdemeanor for a first offense and a fifth-degree felony for a second offense. Additionally, selling these products to anyone under the age of 21 would immediately constitute a fifth-degree felony.
Read Also: Ohio’s Cannabis Market Surges, Reaching $143M In Just 4 Months
A Booming Market Faces New Hurdles
Interestingly, this proposed crackdown comes at a time when Ohio's cannabis market is booming.
Recreational cannabis sales have already surpassed $143.4 million just four months after legalization. This stark contrast between the state's embrace of regulated marijuana sales and its push to clamp down on hemp-derived products highlights the complex landscape of cannabis regulation.
Ohio Department of Commerce Director Sheryl Maxfield would hold the authority to impose administrative penalties under the new legislation. The financial and legal ramifications of the bill could signal a significant shift for hemp businesses operating in Ohio.
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What's Next?
Senate Bill 326 comes on the heels of Ohio GOP Governor Mike DeWine's past calls for lawmakers to ban intoxicating hemp products like Delta-8 and Delta-10 THC.
Despite having the Governor’s support, State Senator Huffman's previous efforts to regulate Delta-8 THC were removed from the state budget earlier this year. However, with growing bipartisan concern and new precedents in multiple other states, SB 326 may find greater momentum this time around.
- Read Next: Ireland Gov. Coalition Partner Supports Drug Decriminalization, Excluding Cocaine And Heroin
Cover: City of Cincinnati, Photo by Dave Morgan via Pexels.
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