The hemp loophole: Unregulated products in Ohio are a threat to consumer safety

Yahoo

18 hours ago

Flowers of hemp plants that contain less that 0.3 percent tetrahydrocannabinol (THC) the primary psychoactive substance in marijuana. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.)
More than five years after Congress passed the 2018 Farm Bill, Ohio faces a growing public health crisis. What was designed as legislation to support American farmers has instead spawned an unregulated market of lab-created intoxicants sold without oversight in gas stations, convenience stores, and smoke shops across the state.
The 2018 Farm Bill removed hemp, defined as containing less than 0.3% delta-9 THC, from the federal Controlled Substances Act. This was intended to revitalize American hemp farming for industrial purposes, but the law created an unintended loophole that chemical manufacturers quickly exploited.
As I recently testified before the Ohio Senate General Government Committee, these intoxicating hemp products are often marketed as 'hemp-derived' or 'Farm Bill compliant' but the truth is much darker. In most cases, these intoxicants crowding gas station shelves are not derived from American-grown hemp. Rather, they often start with hemp-derived CBD imported primarily from countries like China and India, which is then synthetically converted through chemical processes involving acids and solvents into artificial THC.
This process essentially breaks down the CBD molecule and rebuilds it into a synthetic compound like delta-8 THC. This is a far cry from the natural plant compounds found in traditional cannabis.
When I visited Ohio stores late last year, I purchased numerous 'farm bill compliant' products containing these synthetic compounds from stores within walking distance to the Ohio Statehouse. Laboratory testing revealed these products had inconsistent potency, extremely high doses, unlisted ingredients, and chemical contaminants left over from the manufacturing process.
This is fundamentally a public health problem. These are not merely 'marijuana-lite' products, as some proponents suggest, and they have little to do with actual hemp. The chemical conversion process introduces unknown compounds and contaminants that have shown time and again they pose significant health risks.
The synthetic nature of these products means they often contain compounds that have never been studied for safety in humans or even named by science. Reports of adverse reactions continue to increase, with poison control centers documenting rising incidents of accidental ingestion, particularly among children attracted to brightly colored packaging resembling candy.
Data from the University of Michigan's Monitoring the Future study recently revealed that 11% of high school seniors report using delta-8 THC. That is troubling, since delta-8 didn't exist in the marketplace five years ago.
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The FDA has repeatedly warned manufacturers about illegal sales and unsafe products, issuing dozens of warning letters. All THC edibles are federally illegal under the Food, Drug, and Cosmetics Act – a fact that hemp intoxicants manufacturers and retailers conveniently overlook. However, without clear enforcement authority or resources, these warnings have done little to stem the tide of unregulated intoxicants flooding into communities across Ohio.
Ohio voters made their desires clear by approving adult-use cannabis in 2023. The state is now implementing a comprehensive regulatory system for cannabis products that includes rigorous testing, packaging requirements, age verification, and consumer protections.
This existing framework presents the most logical path forward for regulating hemp intoxicants. If these products are to exist in Ohio's marketplace, they should be subject to the same rigorous oversight as other intoxicating cannabis products and should be sold only through licensed dispensaries with appropriate age restrictions, testing requirements, and consumer safeguards.
We've heard opponents in every state argue that such regulation hurts small businesses. Yet these products have only been around for a handful of years, and convenience stores and gas stations have thrived without resorting to selling artificial THC before.
More importantly, the dangers they present, especially to young people who can currently purchase them with little or no age verification, far outweigh any economic arguments.
Ohio would not be blazing a new trail by regulating these products. Even deeply conservative states recognize the need for oversight. Just this month, both Tennessee and Alabama, hardly progressive strongholds, signed laws into place regulating hemp-derived intoxicants. Their law specifically prohibits synthetic cannabinoids created 'by a chemical synthesis, modification, or chemical conversion from another cannabinoid,' precisely the type of products currently flooding Ohio's unregulated market in the form of gas station weed.
The hemp intoxicant problem represents a rare opportunity for bipartisan action in our divided political landscape. This isn't about cannabis legalization, Ohio voters have already decided that question. It's about ensuring that all intoxicating products, particularly synthetic ones, are properly regulated to protect public health.
Federal regulators failed to anticipate or address this problem. Now it falls to state lawmakers to protect their constituents. Other states, including many led by conservative majorities, have already taken action. It's time for Ohio to do the same.
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