COLUMBUS, Ohio — Ohio Gov. Mike DeWine is urging lawmakers to ban delta-8 THC, a cannabis product under-regulated by the state, amid protests from consumers that it is essential for their health.
THC changed Jeremy Torchinsky’s life — for the better.
"I was actually someone who was pretty addicted to pain pills and alcohol and other bad stuff," Torchinsky said. "I don't do that anymore."
He credited hemp products for helping him get off the substances, saying it has helped with managing pain, dealing with trauma and combatting social anxiety.
"I use it for the therapeutic aspects of it," he added.
Retailers like Joel Fink, owner of Fantasy Candies Chocolate Factory and Blue Planet Chocolate, help him get access to it.
Fink isn't a medical marijuana dispensary owner, but he is able to sell low-level THC amounts, often as delta-8. He is also a hemp processor.
Delta-8 is a cannabinoid produced by the cannabis plant, often manufactured by CBD. Many users News 5 spoke to used delta-8 to help with health issues or chronic illnesses. Delta-9 THC is the most common and is considered as regular marijuana.
"I would say we probably have about 20-25 per day that come in that are looking for, not necessarily a delta-8 or delta-9, but something to help them out," Fink said. "It's just amazing some of the successes that we've had."
Congress’ Agriculture Improvement Act of 2018 allowed for hemp products to be sold as long as they have .3% THC or less.
"Delta-8 is sort of like delta-9 light," Fink said. "It gets you about half to two-thirds as high."
U.S. Customs and Border Protection issued guidance on their website that under the law, the Drug Enforcement Administration no longer has the authority to seize and criminalize sending or buying seeds with less than .3% THC. The DEA has also given this statement to numerous attorneys around the country with the same advice, including specifically addressing cannabis. This could change soon, though.
"It is a huge, huge market and for those of us that are doing it through the hemp program in Ohio, we're doing it properly," Fink said.
But he is worried. Gov. DeWine has been begging the lawmakers to get moving on recreational marijuana policy, but he also wants to address hemp.
"Today we have kids who are walking into these places, retail places in Ohio and buying this junk," DeWine said during a press conference Thursday. "We have no way to prohibit them from getting it."
Ohio doesn't have an age requirement to buy delta-8 since it is .3% or less. Thus, hemp products can be sold almost anywhere in the state, and the government has no jurisdiction over it.
"It is intoxicating, it is something that needs to be banned," the governor continued. "As soon as the legislature can do this, we'll be able to stop these sales."
The Senate changed the definition of hemp in its proposals for recreational marijuana policy — raising concerns that it may outlaw delta-8.
DeWine informed that at his request, Senate lawmakers are drafting a standalone bill to regulate the selling of it. This may include only allowing licensed dispensaries to sell THC products of any kind.
The governor isn't alone here. Each medical dispensary News 5 has spoken with is not a fan of delta-8 sellers.
However, their reason could also be related to getting rid of competition and wanting all products to face the same health guidelines and scrutiny, according to retailers on each side of the issue.
Some House representatives think adding guardrails could also be helpful.
"I think there is a good chance that there will be some action to deal with the delta-8 and delta-9 products with high THC content," said state Rep. Jamie Callender (R-Concord). "Those products are currently unregulated and being marketed and sold to minors. I think that regulating the high THC hemp can be accomplished without disturbing the legitimate hemp market.”
Fink agrees that there should be guardrails on age — noting that his customers must be 21. However, getting rid of his ability to sell delta-8 entirely could cause his business, and many others, to suffer.
Right now, many retailers and consumers don't exactly trust the government to handle marijuana products fairly.
"There's a lot of people out there that still do need hemp," Torchinsky argued. "I think it's ridiculous for the lawmakers to even consider taking this away from you."
Senate and Gov. versus House
Right now, there are no authorized sellers of recreational marijuana in Ohio. The Division of Cannabis Control isn't set to start processing retailer applications until June, which means users likely won't be able to legally buy marijuana until fall. To learn how to access marijuana, click here.
The state Senate passed a bill to make weed available in medical dispensaries if the proposed law takes effect. The lawmakers took H.B. 86, which dealt with micro-distilleries, and added their marijuana policy to it.
Their version is seemingly universally hated by House members on each side. It would limit home growth, reduce THC levels and ban the vast majority of vapes. It also raises taxes, a major sticking point for many lawmakers. With this proposal changing the language and definition of hemp, it is unclear what impact that could have on delta-8 users.
Callender, the de-facto and seemingly bipartisan spokesperson for the House on marijuana continues to fight back against the pressure from the Senate and the governor to concur on the other chamber's legislation.
"I want to make sure that here in this chamber, the People's House, that we carry out the will of the people — and the people have spoken," Callender said.
State Sen. Rob McColley (R-Napoleon), the de-facto and seemingly bipartisan spokesperson for the Senate, assured his proposal wasn't going against the will of the people since he believes that the voters didn't really know everything that they were voting on.
"I think what the voters really voted for would have been access to products," the senator added.
State Rep. Jeff LaRe (R-Violet Twp.) is livid about his bill being hijacked for the Senate proposal — one that disregards the "will of Ohioans," he said.
"Slap in the face of Ohio voters," LaRe told News 5 in Dec.
Unfortunately for LaRe, the House sticking to their guns about following the will of the people and ignoring the Senate version hurts his original legislation.
"[H.B.] 86 is dead until we put it back to its original form," he said last week. "Amendment to do so has been drafted."
News 5 has been following through on marijuana policy — and answering viewer questions about the current status of the process.
For all your pressing questions, there is a high likelihood that Statehouse reporter Morgan Trau already answered them in previous stories.
If she hasn't, email Morgan.Trau@wews.com.
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