Regulation of Intoxicating Hemp in Ohio and Beyond

In 2018, the Agriculture Improvement Act, frequently referred to as the 2018 Farm Bill, removed legal barriers to industrial hemp production by removing hemp from the federal Controlled Substances Act. Since then, the hemp industry’s revenue has been derived primarily from the plant’s production of metabolites such as cannabigerol (CBG) or cannabidiol (CBD). These metabolites are used not only as non-euphoric additives in a variety of products, but also to extract psychoactive substances, such as Delta-8 tetrahydrocannabinol, which are used in the production of intoxicating consumer products. The proliferation of these products in many retail outlets has led to concerns about their safety, quality, and marketing among policymakers and public health experts. Many states, including Ohio, have taken steps under state law to regulate or prohibit intoxicating hemp products. In 2025 the federal government effectively closed the intoxicating hemp “loophole” with H.R. 5371. Section 781 of the bill enacts widespread changes slated to go into effect in November 2026 that could significantly alter the billion-dollar hemp industry.>

Rather than a complete ban on intoxicating hemp products, many advocates and researchers argued for common sense regulation. DEPC outlined these regulatory options available to Ohio legislators in the report, Considerations for Regulating Intoxicating Hemp Products. The report provides regulatory options to prevent use by youth and children’s accidental exposure, protect consumer safety, balance interests of the hemp and adult-use marijuana industries, as well as administrative regulatory considerations. Many of these regulations were included in some of the early versions of Ohio Senate Bill 56 but were subsequently removed after the passage of H.R. 5371. The SB 56 version ultimately passed by Ohio General Assembly in December 2025 included carve outs for intoxicating THC beverages, which would have allowed for their production and sale until December 2026. These carve outs were vetoed by Governor DeWine and all hemp-derived THC products are prohibited in the state of Ohio as of March 20, 2026.

This resource page aims to help the visitors better understand intoxicating hemp products and their regulation across the nation and in Ohio. Below we present a timeline highlighting key moments in the regulation of hemp and intoxicating hemp products at the federal level and in Ohio, provide a comparison of state reform approaches and priority areas of concern with regard to these products, and assemble the center’s research on hemp regulation.

NOTE: This page was last updated on April 6, 2026.

In broad terms, an “intoxicating hemp product” is a hemp-derived product that contains cannabinoids in concentrations high enough to produce psychoactive effects when consumed. These cannabinoids occur naturally in hemp plants, although their extraction requires extensive manipulation via chemical processes. Below we list the most commonly used naturally occurring cannabinoids in hemp:

1. CBD (cannabidiol) is the second most prevalent active ingredient in cannabis plants but is not psychoactive. CBD is used for treating childhood epilepsy syndromes and evidence suggests that CBD may also help with a variety of conditions such as anxiety, insomnia, and chronic pain.

2. Delta-8 THC is a psychoactive cannabinoid found in the Cannabis sativa plant. It is an isomer of Delta-9 THC (which is also present in hemp) but occurs only at minuscule levels in natural cannabis. High levels of Delta-8 THC can be produced by chemically converting CBD or Delta-9 THC through a process known as isomerization. All Delta-8 THC products are manufactured by some form of chemical conversion. Consumer products with Delta-8 include gummies, other edibles, beverages, tinctures, vapes, and more.

3. THC-A (tetrahydrocannabinolic acid) occurs naturally in cannabis plants and is a precursor of THC. THC-A does not produce a high unless smoked or vaporized, which causes it to change into Delta-9 THC. It is present in hemp products such as vapes and pre-rolls, which can then be heated to convert it to THC.

4. THC-O, also known as THC-O acetate, is a semi-synthetic cannabinoid. It is not found naturally in the cannabis plant but is technically derived from hemp. It is derived from Delta-8 THC and is said to be stronger than regular THC; however, more research is required to understand its effects. THC-O products can include vapes, edibles, and concentrates.

Table 1. State legality of intoxicating hemp products

* The legal status of intoxicating hemp products in these states is somewhat unclear due to lack of enforcement, allowance of beverages, making products available through legal marijuana channels, etc.

Policymakers and stakeholders have expressed a range of concerns regarding the proliferation of intoxicating hemp products. Some of the most common and prominent concerns include use by youth and children’s accidental exposure, consumer safety, and balancing interests of the hemp and adult-use marijuana industry.

Use by Youth and Children’s Accidental Exposure

At present, the state of Ohio does not have any laws or regulations restricting access to intoxicating hemp products by children or adolescents. Unlike marijuana products that are restricted to adults who are 21 or older and that can only be sold in licensed dispensaries, intoxicating hemp products can be sold at any store and do not carry any age restrictions. Additionally, because they are not covered by any of the adult-use marijuana regulations, there are no restrictions on how they are packaged, whether they are designed to appeal to children, or whether they are marketed specifically to children and adolescents. According to the 2023 Monitoring the Future survey from the National Institute on Drug Abuse, 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. The unfettered access is problematic in part because any psychoactive THC substance, whether Delta-8 or Delta-9, can negatively affect brain development in adolescents and impact other aspects of their lives.

Consumer Safety

Various consumer issues have emerged with intoxicating hemp products: inconsistent and unmonitored production processes, lack of rigorous testing conducted by reputable testing labs, lack of research on possible effects of use, and lack of standardized, easy-to-understand labeling of products. According to the FDA, some manufacturers use potentially dangerous household chemicals to make Delta-8 THC, and other chemicals may be used to alter the look of the final product. Other contaminants may be present in the raw material, which could lead to adverse health effects for people who use the products. Analysis of Delta-8 products has found discrepancies in potency between the product and what is stated on the packaging, along with heavy metals and other adulterants. Due to the questionable quality of the raw material, the chemicals used in the production process, and potential by-products created during synthesis, there are many opportunities for harmful contamination and by-products that could cause short- and/or long-term health issues.

Balancing Interests of the Hemp and Adult-Use Marijuana Industry

With the growth of a new hemp industry, policymakers nationwide have been forced to consider how to balance the interests of the hemp industry and the adult-use marijuana industry. Though the national market for intoxicating hemp products is estimated to be only about 10% of the overall size of the marijuana industry, the market has grown rapidly and provides a form of competition to highly regulated marijuana products.

There is limited data on the intoxicating hemp industry in Ohio, though the Ohio Department of Agriculture reports that the number of farmers involved in hemp production is relatively small in the Buckeye State. What is quite clear, however, is the presence of vastly different regulatory regimes for the production and sale of marijuana and intoxicating hemp products in Ohio. As shown in Table 1, while the Ohio adult-use marijuana industry carries a heavy regulatory burden and is subjected to high regulatory costs, the hemp industry and its products are regulated very lightly thus creating an uneven playing field for their products. Unless the Ohio legislature chooses to completely ban intoxicating hemp products, Ohio legislators should consider the range of regulatory realities noted below as they try to balance the interests of these two competing industries.