Ohio’s SB 86: Hemp Regulations That Miss the Mark

Ohio legislators are currently considering Senate Bill 86 (SB 86), which proposes sweeping regulations for hemp-derived products. While regulation is essential for a safe and thriving hemp market, SB 86’s arbitrarily low THC limits and restrictive provisions are creating concern among hemp consumers, business owners, and voters in Ohio.

This blog will explore the key points of SB 86, its implications for Ohio's hemp market, and why a more balanced approach, like the proposal from the Ohio Hemp and Hemp Advocates Association (OHHAA), better serves both the market and public safety.

What Is SB 86, and What Does It Propose?

SB 86 introduces strict limits on the amount of THC (tetrahydrocannabinol) allowed in hemp products. To comply with these regulations, any hemp product would be labeled "intoxicating" and restricted to Ohio’s dispensary system if it exceeds:

• 0.5mg of delta-9 THC per serving 

• 2mg of delta-9 THC per package 

• 0.5mg of any other THC compound per package.

While these limits may sound reasonable at a glance, they impose constraints that far exceed regulations in most other states and could disrupt the accessibility of hemp products for consumers. Under SB 86, even popular hemp beverage products would face restrictions, potentially being sold only at certain retail outlets and not directly to consumers.

Why These THC Limits Are Problematic

Restricting THC might seem like a step toward public safety, but the limits in SB 86 are both arbitrary and unnecessarily restrictive. Here’s why this approach could backfire:

• Unfairly Classifies Non-Intoxicating Products: Many hemp products contain small amounts of THC that are well below intoxicating levels. By setting such low limits on THC, perfectly safe and therapeutic products may be unfairly swept into the "intoxicating" category.

• Eliminates Consumer Access: Ohio’s dispensary system was designed for medical cannabis products, not hemp. Limiting consumer access exclusively to dispensaries creates unnecessary barriers for adult consumers who rely on hemp for wellness purposes.

• Hurts Hemp Businesses: Locally owned hemp businesses and independent retailers could face great economic losses due to restrictions on direct-to-consumer sales and the need to comply with burdensome THC caps.

• Disregards the Advantages of Current Hemp Laws: Ohio’s existing hemp laws already provide structure and control. Introducing extreme limits could put Ohio out of step with more balanced approaches adopted by other states.

A Better Solution from the OHHAA

The Ohio Hemp and Hemp Advocates Association (OHHAA) offers an alternative to SB 86—one that balances safety, transparency, and consumer access. Instead of imposing arbitrary THC restrictions, the OHHAA proposal focuses on the following:

1. Stronger Enforcement 

• Many states have demonstrated that consistent enforcement of hemp regulations is more effective than extreme THC caps. Strong enforcement ensures compliance without creating unnecessary bottlenecks in the market.

2. Licensing for Manufacturers and Sellers 

• Requiring licenses for hemp manufacturers and sellers promotes accountability. These licenses would help ensure only trusted businesses operate in Ohio while protecting consumers from bad actors.

3. Independent Testing 

• Mandating third-party lab testing for hemp products guarantees a higher standard of safety, allowing for accurate THC content verification and contaminant screening. Transparency builds trust between businesses and consumers.

  

4. Robust Labeling Standards 

• Clear labeling requirements can prevent any child-enticing images or misleading claims. Adults can make informed decisions, while children are kept out of harm’s way.

5. Age Restrictions for Consumable Hemp Products 

• By mirroring age restrictions applied to other adult products, Ohio can allow adults to access hemp THC products freely while keeping these products out of the hands of minors.

Why the OHHAA Proposal Works Better

The OHHAA’s proposed framework strikes the perfect balance—it keeps intoxicating products away from children while maintaining adult consumers' access to safe and regulated hemp products. Additionally:

• It Aligns with Successful State Models: Many states, like Colorado and Oregon, regulate hemp without imposing overly restrictive THC caps. Ohio can follow their lead by adopting common-sense rules.

• It Supports Small Businesses: Licensing and testing create a fair playing field for Ohio’s hemp entrepreneurs, offering protections instead of roadblocks.

• It Educates Consumers: Clear labeling and independent testing empower consumers to understand and trust the products they purchase.

What This Means for Hemp Consumers in Ohio

Hemp consumers in Ohio face losing access to products they rely on for therapeutic or wellness purposes. If SB 86 passes with its current THC restrictions, even products containing trace THC levels could disappear from store shelves. Those who purchase hemp for stress relief, pain management, or recreational purposes may be forced into dispensaries—adding cost and complexity to their experience.

Meanwhile, businesses within Ohio’s expanding hemp market risk disruption. Independent stores and manufacturers stand to lose vital revenue if they’re pushed out by restrictive regulations.

What Can You Do? Advocate for Reasonable Regulations

There’s still time to influence Ohio’s hemp laws in favor of fair and effective regulations. Hemp consumers, voters, and business owners must urge Ohio legislators to consider the OHHAA proposal instead of the provisions outlined in SB 86. Here’s how you can take action:

1. Write to Your Representatives: Share your concerns and advocate for balanced hemp regulations.

2. Attend Public Hearings: Participate in discussions and voice your support for the OHHAA’s alternative plan.

3. Raise Awareness: Share this blog and educate others about the effects of SB 86 and the importance of protecting access to hemp products.

Ensure Ohio’s Hemp Industry Thrives

Ohio has an extraordinary opportunity to lead with thoughtful and fair hemp regulation that promotes safety, transparency, and accessibility. Rather than imposing sweeping bans and arbitrary limits, legislators should focus on establishing a regulatory framework that aligns with nationally successful standards.

With the OHHAA’s reasonable approach, Ohio’s hemp consumers can enjoy continued access to the products they need while keeping children safe and businesses thriving.

Take action today. Advocate for the OHHAA proposal and ensure a thriving future for Ohio’s hemp industry.