Login | May 06, 2025
Law would establish 21 as legal age to purchase or use hemp-based products
KEITH ARNOLD
Special to the Legal News
Published: May 5, 2025
The sponsors of legislation devised with the intent to regulate Ohio’s growing hemp industry say their effort strikes the appropriate balance between protecting consumers and fostering business opportunity.
House Bill 198 builds upon the Hemp Cultivation and Processing Program created in 2019 and establishes a statutory framework for the regulation of the manufacture, distribution and sale of hemp-derived cannabinoid products under the Department of Agriculture, said Reps. Ty Mathews of Findlay and Tex Fischer of Boardman––both Republicans––during recent testimony.
HB 198 would explicitly prohibit an individual from selling or distributing a hemp-derived cannabinoid product to a person who is under 21.
Additionally, it prohibits any individual younger than 21 years old from purchasing, possessing or accepting receipt of a hemp-derived cannabinoid product.
Fischer noted that the legislation calls for mandatory child-resistant packaging for all non-beverage products.
“While HB 198 imposes necessary regulations and safeguards in the areas we all agree need to be addressed, it preserves a viable market for responsible businesses and Ohio’s hemp farmers,” he said. “This balanced approach will eliminate bad actors, protect our children from harmful products, and foster a stable, fair environment where small businesses and farmers can thrive.”
Mathews said the bill addresses what he characterized as a “rapid proliferation of hemp-derived products, particularly those intended for inhalation and ingestion,” underscoring the urgent need for clear regulatory guidelines.
HB 198 defines such a product as a hemp-derived cannabinoid product or HDCP, which is a finished good containing a delta-9 tetrahydrocannabinol (or THC) concentration of up to 0.3 percent on a dry weight basis and is intended for human ingestion or inhalation.
According to the legal definition, a hemp-derived cannabinoid product may contain higher concentrations of other hemp-derived cannabinoids.
“This bill addresses the gap in current law, which allows unregulated operators to sell intoxicating hemp-derived products, such as delta-8 THC, directly to children,” said Fisher during a Judiciary Committee hearing in the Ohio House of Representatives. “We often see packaging explicitly designed to mimic existing brands of snacks or candy.”
The bill also would prohibit direct delivering, shipping or causing to be delivered or shipped any HDCPs to any consumer in Ohio.
“The bill aims to eliminate bad actors and unsafe products from the market without imposing undue burdens on responsible businesses,” Mathews stressed, adding that the legislation was a thoughtful approach to satisfying three goals: regulating the hemp industry, prioritizing consumer safety and promoting the business interests of producers.
“HB 198 is the tough but fair solution we need to accomplish our common goals,” Fischer added.
Twenty House members co-sponsor the bill.
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