By Mary Frances McGowan

Cleveland.com

COLUMBUS, Ohio -- While Ohio legislators aimed to send intoxicating hemp regulations to Gov. Mike DeWine before the Thanksgiving holiday, lawmakers have fallen short. 

The House voted 52-34 to pass Senate Bill 56 shortly after 1 a.m. on Thursday, after the bipartisan conference committee advanced it. The Senate, however, had already gone home by the time House members took their vote. The Senate plans to vote on the legislation on Dec. 9. 

After the House approved its version of SB 56 last month, it initially appeared that conference committee members would reach an agreement. At the time, State Sen. Steve Huffman, one of the sponsors of the original SB 56, said he didn’t foresee any “insurmountable” differences between the conferees. 

“I hope that we can get together and get some resolution in the next couple of weeks before Thanksgiving. That would be my plan, but there’s some differences,” he said earlier this month. 

Then Congress approved a provision tucked into the funding bill to end the federal government shutdown that complicated Ohio lawmakers’ conversations. The federal guidance bans hemp products that contain 0.4 milligrams of total THC per container. Those federal provisions kick in next November. 

The bill passed by the House in the wee hours of Thursday morning mirrors the guidance of the federal government on intoxicating hemp products and says that hemp items with more than 0.4 milligrams of total THC per container, and those containing synthetic cannabinoids, could no longer be sold outside of a licensed marijuana dispensary. 

The legislation would allow five-milligram hemp-derived THC drinks to temporarily remain legal in Ohio through the end of next year. Those beverages can be manufactured, distributed and sold until Dec. 31, 2026. 

Senate Bill 56 also states that if the federal government reverses itself and legalizes hemp beverages with higher THC limits, the Ohio General Assembly would consider making changes in the state law.

State Rep. Brian Stewart, a Pickaway County Republican, said in a floor speech shortly before 1 a.m. on Thursday that such language reflects a commitment by Ohio lawmakers that if federal government relaxes its hemp ban, they will do the same. 

“We’re maybe in the second quarter of the football game,” Stewart said. 

Democrats, however, blasted the proposal for not creating a commitment to establish a regulatory structure for the state, effectively shutting down a potentially growing industry. 

“Businesses need to be able to plan. These are small businesses. They don’t have a ton of capital. ... Sorry guys, good luck after December 31st, 2026,” House Minority Leader Dani Isaacsohn, a Cincinnati Democrat said. 

The stall comes despite DeWine’s pressure on lawmakers to address hemp regulations after two years of discussions. Last month, DeWine declared a public health emergency on the products, but that ban has since been paused in court. 

Before the recent congressional action, intoxicating hemp products, which mimic the effects or marijuana, went unregulated in Ohio and beyond. 

The 2018 Farm Bill legalized hemp defining it as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis. The goal was to promote industrial hemp for products like textiles and rope. 

However, producers realized they could legally sell products with intoxicating effects as long as they kept Delta-9 THC under 0.3%. Delta-9 is the most well-known psychoactive compound in cannabis. This has allowed a vast market of intoxicating edibles, vapes, and drinks to emerge, mimicking the effects of marijuana without facing any of the same regulatory oversight. 

DeWine had raised particular concern over hemp products such as gummies that mimicked candy marketed to children when he called on legislators to act. 

If Gov. Mike DeWine signs the bill in December, it could take effect as soon as March