Ohio Lawmakers Take Testimony On Bill To Ban Intoxicating Hemp Products

“The problem is that the Farm Bill was never intended to set up a system for consumer products.”

By Megan Henry, Ohio Capital Journal

Health care workers and some folks in the hemp and cannabis industry spoke at the Statehouse in favor of a bill that would ban intoxicating hemp products in Ohio.

Nearly 20 people submitted proponent testimony for Senate Bill 326 during Tuesday’s Senate General Government Committee meeting. State Sen. Steve Huffman (R-Tipp City) introduced the bill earlier this month after Ohio Gov. Mike DeWine (R) called on lawmakers earlier this year to regulate or ban delta-8 THC products.

“Currently in Ohio, delta-8 and other intoxicating hemp products are frequently sold in places where young people have easy access such as convenience stores, gas stations, and online marketplaces without any age limits,” said Maggie Lutterus, the advocacy and public policy coordinator of Prevention Action Alliance. “These products are often in the form of gummies, cookies, vapor products, even breakfast cereals and other consumables that are particularly appealing to younger individuals.”

SB 326 is necessary for the health and safety of consumers, she said.

“Unlike traditional cannabis, hemp products—often marketed as ‘natural’ or ‘wellness’ products, are not manufactured or packaged consistently,” Lutterus said.

Eleven percent of high school seniors nationwide and 15 percent of high school seniors from the Midwest reported using delta-8 products in the last year, according to a study published earlier this year by the Keck School of Medicine of the University of Southern California.

The bill defines intoxicating hemp products as containing more than 0.5 of a milligram of delta-9 THC per serving, two milligrams of delta-9 THC per package or 0.5 of a milligram of total non-delta-9 THC per package, according to the bill’s language. Marijuana is not considered an intoxicating hemp product and is legal in Ohio.

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

“The problem is that the Farm Bill was never intended to set up a system for consumer products,” said Chris Lindsey, director of state advocacy and public policy for the American Trade Association for Cannabis and Hemp.

An adult serving of marijuana is generally considered to be about 10 milligrams of delta-9 THC, he said.

“You buy a gummy in a licensed dispensary in Ohio, and there’s a limit to how potent that gummy can be,” Lindsey said. “That’s to protect consumers so they don’t consume too much.”

He went to a Columbus convenience store before the committee meeting and bought some intoxicating hemp products, including a bag of delta-9 smashers that says it has 500 milligrams of THC per piece of candy and 10,000 milligrams in one package.

“This would cause an overdose in any adult,” he said, holding up the product. “How you can get a product like this out to the market, I don’t understand. The good news is this is almost certainly not accurate. That’s the best version of this, this is simply lying.”

Not having clear labeling leaves customers in the dark about what they are buying and the potential dangers involved, Lutterus said.

“If we are to allow them to continue selling THC, they would need the same oversight as our adult-use marijuana facilities,” said Mike Getlin, director of licensing and public affairs at Nectar Markets of Ohio. “We must have extensive camera coverage of every square foot of every gas station, convenience store, and vape shop in the state…There must be state sanctioned and regulated labs testing all products throughout the supply chain and product tracking systems capable of tracing back to origin sources.”

Accidental poisonings reported to the Ohio Poison Center have increased 280 percent since 2021, around the time when hemp products containing delta-8 THC became more accessible, said Dr. Hannah Hays, medical director of the Central Ohio Poison Center and Chief of Toxicology at Nationwide Children’s Hospital.

“When children access these products, they can experience severe symptoms including hallucinations, confusion, loss of consciousness and respiratory failure,” she said. “We currently receive several calls each day for exposures to cannabinoids, including intoxicating hemp products, in children under 6 years. A quarter of children who consume intoxicating hemp products require admission to the hospital, and more than a third of those admitted require ICU-level care.”

This story was first published by Ohio Capital Journal.

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