The Ohio Senate has given unanimous approval to Senate Bill 86, legislation that would place strict new limits on the sale of hemp-derived intoxicating products such as delta-8 and THC-infused beverages.
Hemp.
If enacted, the bill would allow hemp-based THC products to continue being sold throughout the state, but only through licensed marijuana dispensaries and retail outlets. That would effectively ban their availability in gas stations, smoke shops, and other general retail outlets.
Senate Bill 86 defines “intoxicating hemp products” as those intended to be inhaled or ingested containing more than 0.5 milligrams of delta-9 THC per serving, 2 milligrams per package, or more than 0.5 milligrams of any other THC variant per package. Topical products like lotions are excluded from the definition.
“This is a step toward protecting consumers and ensuring these products are properly regulated,” said Senator Steve Huffman (R). “The intoxicating hemp industry has been able to confuse Ohio consumers and law enforcement by marketing themselves as dispensaries with recreational marijuana.”
The bill would tax these sales at 10% for dispensaries, with an additional $3.50-per-gallon excise tax on THC-infused beverages. The revenue would be directed to the state’s general fund.
It also allows breweries, restaurants and other establishments to sell cannabis drinks, but only if they contain no more than 0.42 milligrams of THC per ounce and are limited to 12-ounce servings. The legislation would also ban open THC beverages in vehicles and criminalize driving under their influence.
The measure now moves to the House for consideration.
