Getty Images

State Sen. Steve Huffman, R-Tipp City, introduced a bill that would ban the sale of intoxicating hemp products in Ohio.

The Republican lawmaker introduced Senate Bill 326 on Thursday. State lawmakers are set to return to the Ohio Statehouse next week for the start of lame duck. 

S.B. 326 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.

“This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety,” the bill said. “The reason for such necessity is to protect Ohioans, especially Ohio’s youth, from untested, unregulated dangerous tetrahydrocannabinol (THC) products. Therefore, this act shall go into immediate effect.”

Marijuana, which is legal in Ohio, is not included as an intoxicating hemp product, according to the bill’s language. Ohio recreational marijuana sales recently topped $143.4 million since sales started three months ago, according to the the Ohio Department of Commerce Division of Cannabis Control.

The 2018 Farm Bill says hemp can be grown legally if it contains less than 0.3% THC. Intoxicating hemp products can come in many forms including edibles, beverages, vaping cartridges or oils, among other things. 

Delta-9 THC is the main naturally occurring intoxicating part of the cannabis plant and people typically experience a high after consuming or smoking delta-9 THC beyond a certain threshold.

Under S.B. 326, the Ohio Investigative Unit would enforce this piece of legislation if it were to become law, with the assistance of the Ohio Department of Public Safety. 

The Ohio Department of Commerce Director (who is currently Sheryl Maxfield) could impose an administrative penalty against someone who sells intoxicating hemp products — $10,000 for a first violation, $25,000 for a second violation and $50,000 for a third violation. 

Violating the proposed law would be a first degree misdemeanor on a first offense and a fifth degree felony for a second offense, according to the bill’s language. It would be a fifth degree felony if someone sold intoxicating hemp to someone under 21. 

Other hemp legislation 

This is not the first bill Huffman has introduced this year that has to do with hemp products. 

State Sen. Kirk Schuring, R-Canton, and Huffman introduced S.B. 278 in May that would ban selling adult-use hemp products to people under 21. The bill would also require stores to keep adult-use hemp products behind the counter and ID customers who want to purchase those products. 

Over in the House, State Rep. Sara Carruthers, R-Hamilton, introduced House Bill 642 over the summer which would require the Ohio Director of Agriculture to issue recommendations for adult-use hemp products. 

These bills all come after Ohio Gov. Mike DeWine called on lawmakers earlier this year to prohibit or regulate delta-8 THC products. Delta-8 is made from hemp, but since it has 0.3% THC or less, it is not currently regulated. There is no age restriction when it comes to purchasing delta-8 products. 

Seventeen states have banned delta-8 and seven more have restrictions around it, according to the National Cannabis Industry Association.

Follow OCJ Reporter Megan Henry on X.