Ohio House Passes SB 56 on Marijuana Laws, Intoxicating Hemp

In October, the Ohio House passed Ohio Senate Bill 56, making changes to the state’s marijuana laws and add regulations to intoxicating hemp products. The Senate passed the bill in February, but the House has made significant changes, most notably by adding intoxicating hemp regulations. As expected, the Ohio Senate did not concur with the House passed version of SB 56 and the measure will now be negotiated in a conference committee with representatives from both the House and Senate.  We will share more information as it becomes available.

Intoxicating Hemp Products

Inclusion of intoxicating hemp products was one of the more controversial aspects of the bill, which stands in conflict with regulations contained in the 2018 Farm Bill, saying hemp can be grown legally if it contains less than 0.3% THC. Under the current version of SB 56, the bill defines an “intoxicating hemp product” as containing more than 0.5 milligrams (mg) of delta-9 THC per serving, 2mg of delta-9 THC per package, or 0.5mg of total non-delta-9 THC per package. If these thresholds are met, only a licensed hemp dispensary would be able to sell intoxicating hemp products to adults 21 and older. The dispensaries would be required to meet standards for testing, advertising and packaging. A 10% tax would be added to intoxicating hemp sales and would limit the number of active hemp dispensaries to 400.

Importantly, THC-infused beverages are also included in the bill. A bar or restaurant would be able to sell 5 milligram THC-infused beverages for patrons to drink on site, while a store would be able to sell 10 milligram THC-infused beverages for carry-out. The Division of Marijuana Control in the Ohio Department of Commerce would be responsible for regulating intoxicating hemp products and the Division of Liquor Control in the Department of Commerce would oversee regulating THC-infused drinks.

The bill comes following a recently announced 90-day executive order that bans the sale of intoxicating hemp products signed by Governor Mike DeWine, that started on October 14. Franklin County Court of Common Pleas Judge Carl Aveni granted a 14-day temporary restraining order on DeWine’s executive order. On October 27th, Judge Aveni postponed a preliminary injunction hearing until Dec. 2, agreeing to a request by both parties in the case. The temporary restraining order will remain in effect until further notice.

According to ORC 3715.74, the governor has the authority to declare an Adulterated Consumer Product Emergency if there is reason to believe a product has been adulterated and presents a threat to public health and safety. The EO came in response to growing calls to regulate intoxicating hemp products, often created by chemists who manipulate compounds found in the legal, non-intoxicating hemp plant, to create delta-8 THC and delta-9 THC. Safety issues cited by the DeWine administration for the need for the EO include the fact that the creation, strength, methods of development, and safety of these products are currently unregulated entirely, and are legal for anyone, including children to purchase.

Marijuana Changes

S.B. 56 would reduce the THC levels in adult-use marijuana extracts from a maximum of 90% down to a maximum of 70%, cap THC levels in adult-use flower to 35%, limit the number of active marijuana dispensaries and prohibit smoking in most public places. 

It would keep Ohio’s home grow the same at a limit of six plants per person and 12 plants per residence. One key change, however, would ban smoking of marijuana in most public places.

The current bill continues to give 36% of adult-use marijuana sale revenue to municipalities that have recreational marijuana dispensaries, which was originally included in the citizen-initiated statute to legalize recreational marijuana that voters passed in 2023. Under the current version, people convicted of low-level marijuana will remain eligible to apply for expungement.