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Senate approves bill to move intoxicating hemp sales into licensed dispensaries, tighten testing and packaging
Summary
The Senate unanimously approved Senate Bill 86 to require intoxicating hemp products that exceed THC thresholds to be sold through licensed dispensaries, introduce testing and labeling rules, and apply a 10% tax on intoxicating hemp sold at retail.
The Ohio Senate voted 33-0 to pass Senate Bill 86, legislation that supporters said will close loopholes allowing untested and intoxicating hemp products to be sold in gas stations, vape shops and other unlicensed outlets.
“Intoxicating hemp products are untested and unregulated,” Senator Huffman said on the floor, arguing the bill would require products that meet THC thresholds to be sold in licensed marijuana dispensaries and subject them to testing, packaging, labeling and advertising rules. Huffman also said the bill authorizes law enforcement to arrest drivers operating a vehicle under the influence of intoxicating hemp.
Senator Wilkin, a cosponsor, described examples he said demonstrate the problem, including product packaging that resembles cereal boxes and candy and labels that state "medicated," which he said risk marketing to children. Wilkin supported the bill as a public-safety measure that preserves adults’ access through regulated dispensaries while suppressing an illicit market.
Senator DeMora, who also spoke in favor, said the measure removes untested products marketed to children from corner stores and vape shops and noted concerns from business owners about how regulations would treat cannabis-infused beverages. DeMora said he supported the bill overall but warned certain provisions might be overly restrictive for beverages and asked that the House consider adjustments.
Key provisions described on the floor: prohibition on sales of intoxicating hemp products outside licensed dispensaries for products exceeding THC thresholds; director-level rulemaking authority for testing, packaging, labeling and advertising; application of a 10% tax on intoxicating hemp (lowered in committee to align with the existing marijuana tax); clarified treatment of hemp beverages to apply to those sold at retail in Ohio and to limit sales of certain beverages to establishments with appropriate liquor licenses.
Sponsors and committee staff noted law-enforcement concerns and cited a March enforcement action at a Norwood warehouse connected to VIP smoke shops as part of testimony about the illicit market. The chair of the committee and bill sponsors described the measure as aimed at protecting minors and public safety while allowing regulated adult access.
The Senate recorded 33 yeas and 0 nays and agreed to the bill’s title on the floor.
