Ohio bill that would add regulations to intoxicating hemp products heads to conference committee

The Ohio Senate on Wednesday voted unanimously not to concur with House changes to a bill that would add regulations to intoxicating hemp products and alter the state’s marijuana laws.

The Ohio House passed Ohio Senate Bill 56 last week with a bipartisan vote. The Senate originally passed the bill in February, but the House made major changes, most notably by adding intoxicating hemp regulations. 

“There’s so much in this bill that has changed from what we passed here, a lot of it not for the better,” said state Sen. Bill DeMora, D-Columbus.

The bill will now go to conference committee, a temporary group of Ohio House and Senate lawmakers that come together to work out differences between versions of the bill.

State Sen. Steve Huffman, R-Tipp City, introduced Ohio S.B. 56 in January. 

“I think it’s abundantly clear we need a regulatory structure around hemp and intoxicating hemp products,” said Ohio Senate President Rob McColley, R-Napoleon. “We have some issues to work out, but I’m confident we can work those issues out.”

The 2018 Farm Bill says hemp can be grown legally if it contains less than 0.3% THC.

As S.B. 56 is currently written, only a licensed hemp dispensary would be able to sell intoxicating hemp products to adults 21 and older.

The dispensaries would be required to meet standards for testing, advertising, and packaging. A 10% tax would be added to intoxicating hemp sales. 

The bill would limit the number of active hemp dispensaries to 400.

The bill would allow certain hemp dispensaries to be grandfathered in if they sold intoxicating hemp products on or before Aug. 30 and hemp products sales surpassed 80% of their total sales for 2024 or the 12 months before the bill takes effect. 

Ohio Sen. Shane Wilkin, R-Hillsboro, said the bill fails to close the loophole for synthetic THC. 

“The bill would also allow for an enormous amount of hemp dispensaries to be placed around the state with no restrictions on how close they could be to a marijuana dispensary,” he said. “… Additionally, there would be grandfathering of those currently selling these unregulated, untested products.” 

THC-infused beverages are also included in the bill.

A bar or restaurant would be able to sell 5 milligram THC-infused beverages for patrons to drink on site, while a store would be able to sell 10 milligram THC-infused beverages for carry-out. 

“There are several changes to the marijuana law, as well as drinkable hemp beverages that I believe need more vetting,” Wilkin said. 

On the marijuana side, the bill would reduce the THC levels in adult-use marijuana extracts from a maximum of 90% down to a maximum of 70%, cap THC levels in adult-use flower to 35%, limit the number of active marijuana dispensaries and prohibit smoking in most public places. 

Ohioans passed a citizen-initiated law to legalize recreational marijuana in 2023 with 57% of the vote, and sales started in August 2024.

Ohio recreational marijuana sales topped $702.5 million in the first year.

Ohio lawmakers can change the law since it passed as a citizen initiative not a constitutional amendment. 

The bill would give 36% of adult-use marijuana sale revenue to municipalities and townships that have recreational marijuana dispensaries and people would also be able to apply for expungement of low-level marijuana convictions. 

Ohio Gov. Mike DeWine announced earlier this month a 90-day executive order that bans the sale of intoxicating hemp products that started on Oct.14, but a Franklin County Court of Common judge has placed a temporary restraining order on DeWine’s ban until Dec. 2.  

“The people of Ohio want us to do something about these products,” DeMora said.

“The governor tried to do something, and was stuck because he didn’t do it the proper way. It is up to us to make sure now that we can do something to end these things to get out of the hands of kids.” 

Senate Minority Leader Nickie Antonio, D-Lakewood, said she welcomes conference committee. 

“We feel a sense of urgency as well,” she said. “The other thing we’re aware of is get this right while there’s this pause in the governor’s ban to get it done.” 

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This story is republished from the Ohio Capital Journal. View the original article.