Ohio allows hemp THC drinks amid federal ban

Ohio is poised to ban the sale of intoxicating hemp-derived products, such as delta-8 THC gummies, outside of licensed marijuana dispensaries.

But there’s an exception for hemp-derived THC-infused beverages, which could be sold at least through the end of 2026 at mainstream retailers as well as bars and restaurants, according to the Dayton Daily News.

Senate Bill 56, which passed the House 51-34 early Thursday morning and now awaits a final vote in the Senate, legalizes “drinkable cannabinoid products”  that can contain up to 5 milligrams of THC per serving.

THC content must be clearly labeled on the beverage.

SB56 is meant to align Ohio state laws around intoxicating hemp THC products with the recent redefinition of hemp under federal law.

The Senate is expected to take up the measure in December.

Temporary runway for hemp THC beverages

States across the country have reassessed rules on hemp in the week since Congress passed and President Trump signed into law the closure of the so-called “hemp loophole” 2018 Farm Bill.

Hemp-derived THC products can’t contain more than 0.4 milligrams per container.

Under those rules, nearly all of the $28.3 billion annual U.S. hemp industry’s products will become banned controlled substances in November 2026, critics say.

But states are still free to regulate the products, most observers agree.

Hemp THC products would still be legal in Ohio but must be sold at licensed marijuana stores. The only exception is for THC drinks.

Ohio’s allowance for THC drinks creates a 13-month runway for beverage makers and sellers to operate in the state that will last until Dec. 31, 2026.

Ohio lawmakers have reportedly agreed to revisit the issue, signaling a potential for a more permanent, regulated market for THC drinks in the future if federal law allows.

The state’s reliance on federal action comes as some members of Congress are working to influence hemp regulations.

U.S. Rep. Nancy Mace of South Carolina is circulating a bill that would undo the federal ban on certain hemp products.

Republican state Rep. Tex Fischer is currently lobbying members of Ohio’s congressional delegation, asking them to rescind the ban, he told the Capitol Journal.

Deal unlocks adult-use marijuana tax revenue

The bill also tweaks Ohio’s existing adult-use marijuana laws.

The state can begin disbursing nearly $100 million tax revenue to municipalities that host adult-use stores.

But public smoking and vaping of cannabis is outlawed. The only legal place to consume in Ohio is a private residence.