Ohio Senate Passes Bill to Restrict Hemp Product Sales to Licensed Dispensaries and Liquor Stores

28 May 2025

Photo by Graham Stokes

In a sweeping legislative move, the Ohio Senate has unanimously approved Senate Bill 86, a measure that could significantly reshape the state’s hemp industry. The bill, aimed at regulating the sale of intoxicating hemp-derived products, will now head to the Ohio House for further debate. Lawmakers, health officials, and cannabis industry stakeholders alike are watching closely as Ohio becomes one of several states taking stronger action to close regulatory gaps in the hemp market.

The primary target of SB 86 is the sale of hemp-based products containing psychoactive compounds like Delta-8 THC, Delta-10 THC, and THCA. These compounds, although chemically similar to the federally regulated Delta-9 THC found in marijuana, are derived from hemp and have existed in a legal gray area. Over the past few years, such products have flooded gas stations, vape shops, and convenience stores, often with little oversight and marketed in child-friendly packaging.

Under SB 86, these intoxicating hemp products can only be sold through Ohio’s state-licensed recreational cannabis dispensaries or establishments with liquor permits, such as bars and restaurants. This approach aims to bring the booming market under the same strict controls used for cannabis and alcohol, including product testing, age verification, and taxation.

The bill offers clear parameters for what qualifies as “intoxicating.” Any product containing more than 0.5 milligrams of Delta-9 THC per serving, or more than 2 milligrams per package, falls under the bill’s purview. The same applies to products with 0.5 milligrams or more of other THC isomers like Delta-8, Delta-10, or THCA. This is a sharp turn from current policy, where such products are widely available and largely unregulated.

One unique provision of the bill is its inclusion of “Drinkable Cannabinoid Products” (DCPs) beverages infused with THC or related compounds. These beverages may only be sold at dispensaries or establishments holding liquor licenses. All DCP manufacturers will be required to register annually with the Ohio Department of Commerce and adhere to labeling, testing, and distribution guidelines.

The bill gives the Department of Commerce the authority to enforce compliance. Businesses found selling restricted products without proper licensure could face hefty fines or even criminal charges. Repeat offenders may face felony prosecution. Enforcement will also extend to packaging, with a particular focus on preventing child-attractive branding and ensuring clear THC dosage labels.

Public health advocates have praised the bill as a critical step in protecting consumers, especially children, from potent unregulated products. Lawmakers have pointed to cases where hemp-derived gummies were packaged to resemble popular candies, leading to confusion and accidental ingestion by minors. "This legislation prioritizes safety and oversight," said State Senator Steve Huffman, a co-sponsor of the bill.

However, small business owners and independent CBD retailers have voiced concerns. Many argue that the bill could unfairly push them out of business or force consumers into unregulated online marketplaces. “We’re not selling to kids, we’re selling wellness,” said a CBD store owner in Columbus. “We test our products and serve responsible adults. This bill paints us with the same brush as shady gas station sellers.”

As SB 86 heads to the Ohio House, the debate is expected to intensify. Lawmakers will have to weigh public health interests against economic concerns from small businesses. If the bill passes the House without major changes, it could be enacted before the end of the summer, positioning Ohio as a model for other states grappling with similar regulatory challenges in the hemp and cannabis sectors.

The final vote will likely set the tone for how Ohio manages the rapidly evolving world of alternative cannabinoids and whether safety or accessibility will take precedence in the state’s approach to hemp.