Ohio Republicans have filed a novel bill that would regulate low-THC products like delta-8, which can be purchased by anyone of any age, including children, at gas stations and convenience stores.
Delta-8 is a cannabinoid produced from the hemp plant, often made from CBD. Many users we spoke with used this “adult cannabis” to support with health issues or chronic illnesses. Delta-9 THC is the most common and is considered regular marijuana.
Retailers like Joel Fink, owner of Fantasy Candies Chocolate Factory and Blue Planet Chocolate, say it’s a “great product.” He’s also a hemp processor.
“I would say we probably have about 20 to 25 people a day who come in and are looking for not necessarily Delta-8 or Delta-9, but something that will help them,” Fink said. “It’s just amazing how successful we’ve been.”
Fink has age restrictions for entry to its specific store, but when products are distributed to other stores, these may not be met.
“Products like the ones we make can be found in convenience stores, gas stations, vape shops — those types of places,” he said.
The Congressional Agriculture Improvement Act of 2018 allows the sale of hemp products as long as they contain 0.3% THC or less.
“Delta-8 is kind of like delta-9 light,” Fink said. “It gives you about half to two-thirds of what it is.”
The U.S. Customs and Border Protection has published guidance on its website that, under the law, the Drug Enforcement Administration no longer has the authority to seize and criminalize the shipment or purchase of seeds containing less than 0.3% THC. The DEA has also forwarded this statement to numerous attorneys across the country, providing the same advice, including specifically relating to cannabis.However, that may soon change.
Gov. Mike DeWine has been calling on state lawmakers to take decisive action on the issue for months.
State Rep. Sara Carruthers (R-Hamilton) took up the governor’s decision.
“I just try to keep things away from kids that are scary — scary to me and a lot of parents —” Carruthers said. “That’s what we have to do as adults — protect our kids.”
She introduced House Bill 642, which would give the Agriculture Department the authority to create guidelines on how much THC can be allowed in a product, the minimum age to purchase, where it can be sold and penalties for selling to minors. It would also set testing standards, advertising restrictions and enforcement policies.
If passed, the department would have 30 days to develop rules that would be in effect for a year.
“The regulations are intended to be temporary in nature so that we can address this issue while the General Assembly has time to carefully consider and thoughtfully craft legislation to regulate cannabis for adult use,” the lawmaker said.
Fink agreed that age restrictions should be introduced, but he worries the product will be inaccessible to people who need it — because recreational facilities are not yet open.
“If we lose the ability to process delta-8 and some of the other cannabinoids we work with, it would be devastating for companies like mine,” he said.
Carruthers said she didn’t want to be “haughty” but was concerned about people looking to buy pot at gas stations.
“The fact is, it’s like buying sushi at a gas station; you just don’t do it,” she said. “Honestly, people who buy this stuff at gas stations probably aren’t trying to buy a high-quality product.”
She’s also not trying to ban it outright, she said. She simply wants the Department of Agriculture to review and create rules, since it already oversees the hemp program.
Competing bills
The House of Representatives and the Senate are locked in a fierce battle over marijuana policy.
The Senate has proposed policies to address the governor’s “safety concerns” about pot, including restricting home growing, lowering THC levels and banning most vaporizers — among dozens of other restrictions and changes to what voters voted for.
House Speaker Jason Stephens (R-Kitts Hill) is blocking the proposal, and medical establishments are supporting him.
“It’s very important to respect the will of the voters,” Stephens said in behind schedule June. “That part was done — the bill passed in November and it’s still the law of the land.”
Lawmakers in both chambers reportedly agree they want to implement stricter advertising guidelines, but they can’t agree on the medium. The chamber wants a pristine version of the bill — meaning it doesn’t want the Senate to “act against the will of the people,” which House leaders say the other chamber is doing.
This fight has spilled over into the cannabis debate.
In its latest move, the Senate proposed SB278bill that would prohibit stores from selling delta-8 to anyone under 21. However, it would also ban smoking and vaping in public — or, as the House calls it, “poison pills” that prevent lawmakers from voting to do so. The bill would also require Ohioans who grow their own pot to sign a waiver saying they will not sell their product.
According to marijuana enthusiast state Rep. Jamie Callender (R-Concord), the House of Representatives is not interested.
HB 642 follows what voters chose in November and is a pristine bill, Carruthers said. It has no hidden provisions and has no impact on regular marijuana.
“It’s important that we do it right and that the public trusts us. I’m never going to go against the will of the people,” she added. “But I think we need to set guidelines and make sure we’re safe.”
Senate leaders argued that citizens did not really know what they were voting for and that they did not really want or need to be able to grow six plants as an individual or up to 12 plants per household.
“If we take away the will of the people, then we deserve all the bad things that are said about politicians,” Carruthers argued.
What’s next?
Lawmakers won’t return until the fall, but Carruthers said she knows it has enough support to pass the House. She also said the governor was interested.
Recreational marijuana dispensaries should be up and running in the next few weeks. Cannabis growers have already begun receiving production licenses.
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