A ban on intoxicating hemp has been in place in Ohio for three weeks, outlawing products containing that synthetic cannabinoid, most notably THC beverages. Those and other products made in and out of state were unregulated till Senate Bill 56, which also put new rules on recreational marijuana that voters legalized in 2023.
Safety is why SB 56 was needed, said Superintendent Jim Canepa with the state’s Division of Cannabis Control, which licenses growers, product producers and sellers. It also manages the six labs that do all the testing for contaminants and potency for marijuana products sold in the state.
"It's from seed-to-sale. It's grown in Ohio, tested in Ohio, processed in Ohio and sold in retail stores in Ohio," Canepa said in an interview for "The State of Ohio". "The intoxicating hemp industry were gas stations, vape shops—unregulated, unlicensed, untested by me. There was no oversight for intoxicating hemp at any level, federal or state."
Canepa said intoxicating hemp "proliferated like dandelion weeds in the springtime", turning up in shops reall over the state. He said that caused confusion between products that were created and tested in Ohio and those that weren't. So, Canepa said intoxicating hemp could be more or less potent than marijuana or could have no effect at all, since without regulation and testing it's impossible to know for sure.
SB 56's ban on intoxicating hemp includes THC beverages that have become popular. Lawmakers had carved out an exception for those, but Gov. Mike DeWine vetoed that. Retailers and breweries have been urging lawmakers to override the veto or write new legislation to exempt them from the ban. But for now, no THC beverages can be sold or shipped to Ohio.
“The ban went into effect on March 20. Intoxicating hemp, whether it was in a gummy form or flower form or in a drink form, were all banned under [SB] 56," Canepa said. But he added: "Marijuana cannabis drinks that are grown in Ohio, turned into a beverage in Ohio and sold in retail stores are still available, but they're in dispensaries.”
A federal ban on THC beverages is set to take effect Nov. 12, a year after it was included in the legislation that settled last fall's government shutdown. The industry is also lobbying to get that changed.
On legalized marijuana in Ohio, SB 56 outlaws adding other substances such as vitamins or caffeine to marijuana products. It banned public pot smoking and requires pot products to stay in their original packaging. It also makes it clear that marijuana in any form purchased in other states such as Michigan can’t be legally brought into the state.
"You never could. So it's not a new concept. It was just codified," Canepa said. "It still is a controlled substance at the federal level. And while states have been regulating it for either medical or recreational use, it's not recognized nationally. So taking a controlled substance over state lines has always been a crime."
Last month there was a temporary block on Senate Bill 56 issued by a judge in Fremont in Sandusky County. Canepa says he can’t talk about that while litigation is pending.
Sales of adult-use marijuana in Ohio hit $1.2 billion last month. The average price for marijuana products in Ohio is still significantly higher than what it is in Michigan or Pennsylvania, the only two neighboring states allowing recreational marijuana use. Canepa said it's largely supply and demand, with the industry still working to grow, process and test products only inside Ohio as required by the law voters approved in 2023. He added there are no caps on the total of dispensaries in Michigan, so retailers there have been lowering costs to compete.
