Ohio Governor Pushes Lawmakers To Ban Or Limit Delta-8 THC Products

By Megan Henry, Ohio Capital Journal

Ohio Gov. Mike DeWine, (R), wants Ohio to ban or regulate products containing delta-8 THC.

He is asking lawmakers to take action against intoxicating products made from hemp, such as delta-8.

DeWine, during a recent press conference, said, “I’d be happy to see a ban.” He held up three packages of Delta-8, one that looked like Cocoa Puffs, another like Frosted flakes and a third like Trolli candy.

It’s up the legislature. You wouldn’t have packaging like that if it was moved under the marijuana protocol. I would be happy with that.

Kids are sold hemp products that are designed to look like candy or treats they love. Kids can easily get these products because they are widely available and there is no regulation. The current loophole that allows these products to be sold to children must be closed as… pic.twitter.com/f4iRVug9Y2

Governor Mike DeWine 17 January 2024

According to the National Cannabis Industry Association, seventeen states have banned Delta-8 and seven others have placed restrictions on it.

What is delta-8?

Amanda Luckay is the owner of two CBD American Shaman dispensary shops located in Northeast Ohio. She said that Delta-8, which is made from hemp, is “a bit milder”.

The 2018 Farm Bill states that hemp can be legally grown if it contains less THC than 0.3 percent, which helped to propel delta-8’s rise in popularity. Hemp and marijuana both are cannabis plants. However, hemp is not designed to contain THC.

Since delta-8 contains 0.3 percent or less THC, it’s not currently regulated. There is also no minimum age to purchase delta-8 products. This means that teenagers are able to purchase it.

DeWine stated that the current loophole which allows dangerous products to sold to children must be closed as quickly as possible. These products are marketed towards children and made to look just like their favorite sweets and treats. It is easy for children to obtain these products because there are no regulations and they are widely available.

Gary Wenk is a professor of behavioral neuroscience emeritus at Ohio State University. He said that Delta-8 can be harmful to developing brains.

He said that the younger the brain is, the greater the damage.

The Ohio Department of Public Safety conducted a recent sting operation to show that minors can easily buy Delta-8 products. This is despite the fact that there is no minimum age to purchase Delta-8.

Andy Wilson, Director of the Ohio Department of Public Safety, said that two 15-year old high school students were told to purchase delta-8 gummies from a Clark County BP station within “10 minutes and three miles” of their schools.

The teenagers went straight to the gas station after basketball practice, and were able to buy the gummies. According to the audio recording played at the press conference, the clerk did not ask for their IDs.

Wilson stated that “These products were definitely designed and marketed towards kids.” If I am a teenager, this completely unregulated delta-8 THC can make me high or impaired enough that I cannot safely drive a vehicle. These kids consume too many gummies, because they are sweet.

Luckay says that Delta-8 products should not be sold at gas stations.

She said, “If you do not know what you are selling, then you should not be selling it. Most of these gas station owners don’t even know what they are selling.”

According to the Ohio Poison Control Center, there have been 257 reports in Ohio of delta-8 poisoning over the past three years. This includes 102 in 2023 as well as 40 cases involving children younger than six years.

Ninety-five percent of these children needed emergency care or hospitalization.

Lance Himes is the assistant director of Ohio Department of Health. He said that “the most common symptoms in emergency rooms are central nervous system depression, breathing problems, an increased heart rate and blood pressure changes, as well as vomiting and other neurological effects.”

What is happening at the Statehouse?

DeWine urges lawmakers to pass a bill by State Sen. Steve Huffman, R-Tipp city. The bill addresses hemp products that are intoxicating.

DeWine stated, “I can’t do anything unless the legislators in my state take action.” “I am asking the state legislature to act so that we can remove these products from the shelves. In the interim, I’d ask retail establishments to remove the products from the shelves. The state legislature must take action to make this illegal.”

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Wilson stated that it was not a difficult task. It shouldn’t be too much to ask of the General Assembly, or anyone else to take the necessary steps to ensure that this does not get into our children’s hands.

What retailers say about

Retailers support age restrictions and agree that children should not use Delta-8 products.

Luckay, who owns shops in Lakewood and North Olmsted, said: “I’m not sure I’ve even seen a child come in here.”

CBD American Shaman Dispensary, with 12 locations in Dayton, sells hemp products only to adults over 21.

Chris Voudris said that the Vapor Haus managing partner, “This is not different from the tobacco products we sell.” “The companies that are good actors are already doing this.” In many industries there are bad actors that do not follow the appropriate guidelines, but this will not stop at banning the product.

DeWine continued to attack those who market and sell delta-8 to minors when asked about shops which do ID people or have age restrictions.

He said, “I’d say they are selling it to children.” I’m saying that it is marketed towards kids. “The scientific data clearly shows that children should not consume this product because it can have a negative impact on their cognitive development.”

Voudris & Luckay claim that DeWine is focused on a few people who do things the wrong way.

Voudris stated in a press release that “the products used at the Governor DeWine’s press conference are not representative of the entire industry.” “The majority legitimate retailers don’t carry these products.”

Luckay is worried about a possible statewide ban, since most of her business comes from the Delta side of the counter.

She said, “I’d probably close my business and all of my employees would lose their jobs.”

This article was originally published by Ohio Capital Journal.