Ohio to Permit Hemp THC Beverages Amid Federal Restrictions

Ohio is making a notable exception in its legislation concerning hemp-derived THC products by allowing the sale of THC-infused beverages outside licensed marijuana dispensaries. While the state plans to ban intoxicating hemp products such as delta-8 THC gummies from mainstream retail outlets, it will permit the sale of THC drinks in bars, restaurants, and other retailers at least until the end of 2026. This decision comes as part of Senate Bill 56, which passed the House with a vote of 51-34 and is now awaiting a final vote in the Senate. The bill allows these beverages to contain up to 5 milligrams of THC per serving, provided the content is clearly labeled

Senate Bill 56 is intended to align Ohio's regulations with federal law changes, particularly following the closure of the 'hemp loophole' by the 2018 Farm Bill. The bill's passage reflects a broader trend among states to reassess their hemp-related laws in light of federal restrictions. The federal law limits hemp-derived THC products to 0.4 milligrams per container, which has sparked concern within the $28.3 billion U.S. hemp industry. Despite these federal constraints, states maintain the autonomy to regulate hemp products within their borders, which Ohio is exercising with this new legislation

The allowance for THC drinks provides a 13-month period for beverage manufacturers and sellers to operate under the new state law, lasting until December 31, 2026. Ohio lawmakers have expressed willingness to revisit the regulations, suggesting a potential for a more permanent market for THC beverages if federal laws become more lenient. This move comes amid efforts by some Congressional members, such as U.S. Rep. Nancy Mace of South Carolina, who are advocating for changes to federal hemp regulations

In addition to changes in THC product regulations, the bill also modifies Ohio's adult-use marijuana laws. The state is set to begin distributing nearly $100 million in tax revenue to municipalities hosting adult-use cannabis stores. However, the public consumption of cannabis through smoking or vaping remains illegal, with consumption restricted to private residences. These updates reflect Ohio's cautious yet progressive approach to cannabis regulation as it navigates the evolving landscape of state and federal laws