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Gov. DeWine plans executive action against delta-8 THC, other products in Ohio

Delta-8 THC products, THC-A products and kratom products at a convenience store in Columbus.
Karen Kasler
/
Statehouse News Bureau
Delta-8 THC products, THC-A products and kratom products at a convenience store in Columbus.

Gov. Mike DeWine plans to take administrative action Wednesday afternoon over a slew of unregulated products containing cannabinoid derivatives, like those with delta-8 THC and THC-A.

Since late 2023, DeWine has made it clear he wanted lawmakers to regulate intoxicating hemp products. It has been mostly touch and go on how to handle the gray area the federal government created in 2018, when Congress removed cannabis products with less than 0.3 percent delta-9 THC from the definition of marijuana.

Most products contain psychoactive ingredients that still induce a high, but are legal at any age in Ohio.

According to a draft order shared with the Statehouse News Bureau, DeWine wants to call a state of emergency, which bans sale of “consumer products containing intoxicating hemp” and extends 60 days, although that may get amended by DeWine or by the General Assembly.

Stalled legislative efforts would have put intoxicating products behind dispensaries’ counters, if the products had undergone testing, and banned sale of them otherwise. Most carved out CBD-infused drinks, allowing retailers with a liquor license to sell them.

Retailers selling the products—like gas stations, smoke stores and holistic wellness stores—have lobbied hard against an outright ban. Marijuana industry members want a stricter mandate, arguing the unregulated products could pose health risks.

This is breaking news. Check back for more.

Sarah Donaldson covers government, policy, politics and elections for the Ohio Public Radio and Television Statehouse News Bureau. Contact her at sdonaldson@statehousenews.org.