Committee hears bill to regulate intoxicating hemp products, set age limits and testing rules

Representative Fisher and Representative Matthews, the sponsors of House Bill 198, urged the Ohio House Judiciary Committee on Oct. 12 to establish a regulatory framework for intoxicating hemp-derived products, saying current gaps allow unregulated products such as delta-8 THC to reach children.

The bill would require age verification at point of sale and prohibit sales to anyone under 21, mandate child-resistant packaging for non-beverage intoxicating hemp products, and require hemp processors and retailers to obtain licenses through the Ohio Department of Agriculture. Sponsors said the bill also sets enforceable THC limits, updates the legal definition of hemp, and requires safety testing and labeling standards for products intended for inhalation and ingestion.

"Somebody can go into a gas station and buy a intoxicating hemp product with no idea where it came from, no idea what's in it, and they may not even be of age to do so," Representative Fisher said in sponsor testimony. Representative Matthews said the bill is intended to "punish the bad actors while also providing a pathway for those people that do wanna abide by the rules, to stay in business and continue doing what they're doing."

Committee members asked sponsors to describe how the bill would change day-to-day sales and oversight. The sponsors said current Ohio regulation covers cultivation but leaves retail sales, testing and marketing largely unregulated. They said the farm bill and existing state-level oversight of hemp cultivation make the Department of Agriculture a logical starting point for licensing retail and processing activity, but that they are open to shifting responsibilities if stakeholders make a persuasive case.

Representative Callender pressed sponsors on whether beverages infused with hemp should be regulated differently and whether liquor control or a cannabis-focused agency should have a role. Sponsors acknowledged the beverage market raises distinct issues and said they were open to directing beverage oversight to another agency if the committee or stakeholders recommend it.

Sponsors and committee members also noted enforcement limits for online sales because hemp is federally legal under the farm bill, and said they will work with stakeholders and legislative counsel to refine the bill. Representative Matthews said the sponsors expect to present a sub bill and amendments at a future hearing to address stakeholder concerns.

The committee held the bill's first hearing; no committee action was taken.