Ohio’s Senate Bill 86 has stirred significant discussion as it moves through the legislative process. This bill, recently passed unanimously by the Ohio Senate, aims to overhaul the regulation and marketing of intoxicating hemp products in the state. It introduces changes designed to restrict the sale of these products, which lawmakers argue will enhance consumer safety and ensure tighter oversight. However, the implications of this legislation, both for businesses and consumers, have fostered mixed reactions.

What Senate Bill 86 Proposes

Senate Bill 86 focuses on regulating the sale and distribution of intoxicating hemp products, a category of goods that includes items like hemp-derived THC products and drinkable cannabinoid beverages. The bill outlines new restrictions on where and how such products can be sold.

The proposed legislation bans the sale of intoxicating hemp products in public stores like gas stations, smoke shops, and convenience stores. Instead, it requires these products to be sold exclusively in licensed adult-use or medical marijuana dispensaries. Drinkable cannabinoid products, meanwhile, would be available at dispensaries and locations holding liquor licenses.

The bill also defines the thresholds for a product to be classified as intoxicating. For instance, a product containing more than 0.5 milligrams of delta-9 THC per serving or 2 milligrams per package falls into the intoxicating category. It targets products with synthetic cannabinoids, such as delta-8 THC, and introduces further limits to close potential loopholes, such as products with high levels of tetrahydrocannabinolic acid (THCA).

Additionally, designed to what lawmakers say are to address safety concerns, the bill introduces several regulatory measures, such as strict packaging and labeling guidelines, product testing requirements, and specific restrictions on marketing aimed at protecting minors. The law sets a minimum purchase age of 21 and clearly prohibits marketing these products as equivalent to adult-use cannabis or medical marijuana. The director of the Ohio Department of Commerce would oversee the enforcement of these rules.

Why Was Senate Bill 86 Introduced?

Supporters of the bill argue it was necessary to address rising safety concerns around intoxicating hemp products in Ohio. According to legislators, the lack of regulation for these products has created several risks, particularly in terms of underage access and consumer safety. State Senator Steve Huffman expressed that current intoxicating products in the market are untested and unregulated, exposing buyers to potential hazards.

Some of these products reportedly use packaging designed to appeal to children. For example, one anecdote shared by Senator Shane Wilkin involved an intoxicating hemp product that mimicked a popular cereal brand’s packaging, raising concerns over how easily minors could access such items.

This lack of oversight has placed Ohio among the roughly 20 states in the U.S. without regulations for intoxicating hemp, although we’ve seen a wave of states in the past few months make regulatory changes to combat this. By moving sales exclusively to already-regulated dispensaries, supporters believe the bill will eliminate unsafe or untested products from illicit or loosely controlled channels while ensuring that adults maintain legal avenues to purchase them.

The bill proposes a 10% sales tax on intoxicating hemp products to align them with the rules governing adult-use cannabis. This tax revenue could provide an additional benefit for the state, mirroring tax structures implemented in other states with regulated cannabis programs.

What the Bill’s Supporters and Opponents Say

One key aspect of Senate Bill 86 is its focus on safety standards. Proponents, including State Senators Huffman, Wilkin, and Minority Leader Nickie Antonio, emphasize the importance of safeguarding consumers. They believe that enacting clear rules around product testing, labeling, and distribution will offer much-needed structure to a previously unregulated space.

Support has also come from organizations such as poison control centers and religious groups, with many highlighting the bill’s role in protecting minors from harmful substances. According to the legislation’s supporters, restricting access through official channels, such as dispensaries and liquor-licensed retailers, ensures only adults can buy these products and that consumers can trust the quality and safety of what they purchase.

Unsurprisingly, not everyone is in favor of Senate Bill 86. Many CBD store owners and smaller retail businesses have voiced opposition to the proposed changes, expressing concern over their potential impact. These retailers argue that the legislation, as written, could force them to remove a majority of their product offerings, resulting in substantial revenue losses.

One vocal critic, Bellfontaine business owner Jaimee Courtney, stated in an article from the Ohio Capital Journal, that a significant portion of the hemp products her store carries would fall under the bill’s restrictions. Courtney warned that many customers might turn to unregulated online markets to obtain these products, undermining the bill’s goal of ensuring safety.

Additionally, some worry about inequities in how the new distribution model will affect smaller businesses compared to larger, established operators such as dispensaries. While lawmakers like Senate President Rob McColley have argued that shops that operated before intoxicating hemp emerged will continue to do so, retailers reliant on these products feel left out of the conversation.

The Path Forward for Senate Bill 86

Senate Bill 86 has passed the Ohio Senate and now moves to the Ohio House for further consideration. The debate continues as stakeholders on both sides make their cases for or against the proposed changes. If enacted, the bill would introduce one of the most comprehensive regulatory frameworks for intoxicating hemp products in the country.

For now, businesses and consumers alike are waiting to see how this legislation evolves and what implications it could have for Ohio’s hemp and cannabinoid product market. Whether it achieves its safety and regulatory goals or places undue burden on smaller retailers, the bill represents a significant turning point in how Ohio handles intoxicating hemp products.

Ohio’s Senate Bill 86 aims to address gaps in the regulation of intoxicating hemp products made possible with the 2018 Farm Bill by shifting their sale to controlled environments like marijuana dispensaries and liquor-licensed stores. Advocates cite consumer safety, age restrictions, and product testing as key reasons for the legislation, while critics raise concerns about potential economic impacts and consumer access.

Regardless of where businesses and consumers stand on the issue, it’s clear that the bill has the potential to significantly reshape Ohio’s hemp product landscape. The coming months will be pivotal in determining whether this legislation will pass and how it may influence larger debates around intoxicating hemp regulation across the country.