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New legislation would ban sale of intoxicating hemp in Ohio

The bill would also set criminal penalties for anyone caught selling the products.

COLUMBUS, Ohio — In his State of the State Address in April Governor Mike DeWine urged the Legislature to ban the sale of intoxicating hemp. He said the products are widely unregulated and can be found disguised as candies and gummies. He recently repeated his call to action for lawmakers.

"We still have a situation where this hyped-up hemp is being sold at gas stations all over the state of Ohio and you've got young kids, there's no age limit, kids are walking in there and buying this garbage," DeWine said "So, the Legislature needs to take action."

Tuesday afternoon, State Senator Steve Huffman (R- Tipp City) introduced Senate Bill 326 to ban the sale of the products in Ohio. It defines them as any hemp product containing more than a half milligram of delta-9 THC per serving or two milligrams per package. 

"We must act quickly to stop the consumer confusion and protect Ohio from these dangerous, untested products," Huffman said in testimony before the Senate General Government Committee. "The longer we wait, the farther we fall behind."

Huffman says the legislation exempts CBD products, such as creams and topicals sold in stores.

Under the bill, anyone caught selling intoxicating hemp products to a person 21-years-old or older would face a first-degree misdemeanor. It would be a fifth-degree felony for selling to someone younger than 21. 

State Representative Bill Seitz (R- Cincinnati) says he thinks the products can be regulated like cigarettes or other harmful items by requiring an age restriction and keeping them behind the counter.  

"We can do all of those things without totally banning the product because there are many, many gas stations, convenience stores, etc. that are now making a pretty good living selling the stuff," Seitz said.

Senate Minority Leader Nickie Antonio (D- Lakewood) says safety is always a concern for her, but thinks the Legislature has to look at what makes the most sense for Ohio. 

"Given that Ohioans said they definitely wanted recreational marijuana," Antonio said. "So does this even impinge on it. Is it an economic issue because of competition. What is it exactly."

"We are still reviewing Senate Bill 326 and have not yet taken a position," the Ohio Chamber of Commerce said in a statement given to 10TV News. "We have continued to advocate for enhanced employer protections following the passage of Issue 2, and we may explore whether the Ohio Senate is open to incorporating related amendments into Senate Bill 326 or if they would prefer to keep it strictly related to hemp."

Issue 2 is the ballot measure voters passed in 2023 that legalized recreational marijuana in Ohio.

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