Today, Ohio law and federal law are mum on regulations for intoxicating hemp products, a vacuum that has allowed any willing retailer to sell products heavy on delta-8 THC, THCA, and other intoxicating cannabinoids to any customer at their own discretion.
If DeWine signs off on the bill as expected, intoxicating hemp products will be confined to the shelves of Ohio’s licensed recreational marijuana dispensaries ahead of a federal ban on the products starting in November 2026.
An Ohio carve-out exists for hemp-infused drinks, often sold at bars, which can still be sold at liquor-licensed establishments until the federal prohibition kicks in.
While there’s a delayed effect for many of the bill’s provisions, the governor’s signature will allow the state to immediately start disbursing the $28.3 million sitting in Ohio’s host community fund, which takes 36% of all recreational marijuana tax proceeds and is supposed to redistribute them back to local governments that are host to recreational dispensaries.
Senate Democrats voted unanimously against S.B. 56 on Tuesday, but not because of the hemp prohibitions. Senate Minority Leader Nickie Antonio, D-Lakewood, told reporters that it was more to do with the bill’s provisions that criminalize marijuana possession in certain ways, like the bill’s requirement that recreational marijuana must stay in its store-bought packaging.
“The re-criminalizing of some aspects of having marijuana on your person — that, as far as I’m concerned, was unnecessary to do that,” Antonio said. “This original packaging (provision) ... what’s the original packaging for the marijuana you grew at home? Anyone? Do you carry the plant?”
The bill also criminalizes possession of all recreational marijuana bought out of state, even if it was in a legal market like Michigan. It’s long been against federal law to transport the drug across state lines, but Ohio’s addition to the criminal code would create an avenue for state enforcement.
To reporters after the vote, Senate President Rob McColley, R-Napoleon, offered this on S.B. 56’s criminal penalties: “It’s not something that’s going to be heavily penalized, but it’s something that we need to make sure that they have the tools necessary in the event that they need to be able to enforce that.”
The bill also creates an expungement system for Ohioans who were convicted of low-level marijuana possession charges before Ohio passed legal possession. Democrats derided Republicans for requiring Ohioans to pay fees to get their records expunged.
Sen. Steve Huffman, R-Tipp City, a physician who has long specialized in marijuana policy, participated in the closed-door negotiations between the House and the Senate that produced this final product of S.B. 56. He lauded the compromise in a press release following the Senate’s vote.
“After a longer than expected process, I’m pleased to see this bill finally receive approval by both chambers,” Huffman said. “Regulations that protect Ohio’s children, without overriding the will of Ohioans, ensures proper oversight of our state’s marijuana industry. I look forward to seeing the positive effects this bill will bring to our state.”
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Avery Kreemer can be reached at 614-981-1422, on X, via email, or you can drop him a comment/tip with the survey below.
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