THE DANGER OF INTOXICATING HEMP IN OHIO
Intoxicating hemp products like Delta-8, have surged in popularity due to an accidental loophole in the 2018 Farm Bill, that legalized hemp production. In Ohio these ‘gas station weed’ products are unregulated, creating significant safety concerns, especially because they are easily accessible for and marketed towards minors. These untested products can be found in gas stations, head shops and vape stores that are popping up across the state.
The lack of oversight allows for the widespread sale of harmful products with unknown potency, ingredients and risks.
WHAT IS INTOXICATING HEMP AND
WHY DOES IT NEED TO BE REGULATED?
Intoxicating hemp is a synthetic cannabinoid that is often marketed as an alternative to marijuana. However, it is largely unregulated and the products have no consistent safety or quality standards. Intoxicating hemp is sometimes made with chemicals that are not safe for consumption, and the lack of oversight means that the potency and purity can vary drastically. This makes it impossible for consumers to know what they are ingesting, putting their health and safety at risk.
CURRENT OHIO LEGISLATION
In 2025 both the Ohio House and the Ohio Senate have submitted proposals aimed at curbing the intoxicating, unregulated hemp industry that exists in the state. Senate Bill 86 and House Bill 160 would both regulate these products, requiring testing and implementing an enforcement structure.
“Given the lack of regulations, the intoxicating hemp industry has been able to confuse Ohio consumers and law enforcement by marketing themselves as ‘dispensaries’ with ‘recreational marijuana.”
Senate Bill 56
House Bill 160
GOVERNOR MIKE DEWINE’S CALL FOR ACTION
In early 2024, Ohio Governor Mike DeWine encouraged the Ohio General Assembly to work quickly to regulate intoxicating hemp.
The Governor warned that intoxicating hemp is being marketed in stores across Ohio as candy, cereal, gummy candy, and other products that are attractive to children. Because intoxicating hemp products are not currently regulated, Ohio law does not prevent its sale to children.
“These products are marketed to kids and are made to look like their favorite candy and treats. With no regulation and wide availability, it is all too easy for kids to get them.”
HEAR FROM THE EXPERTS
Policymakers, regulators and academics have expressed a range of concerns regarding the proliferation of intoxicating hemp products that can be found at places like gas stations.
“11.4% of high school seniors reported Delta-8 THC use, with prevalence higher in states without marijuana legalization or existing Delta-8 THC regulations.”
IT’S NOT JUST OHIO…
While the federal government has been slow to close a loophole created by the 2018 Farm Bill, individual states across the country are taking action on intoxicating hemp.
In Texas, lawmakers are looking for a solution to the intoxicating hemp crisis. Lt. Governor Dan Patrick has taken a specific interest in this issue.
