As Introduced

136th General Assembly

Regular Session S. B. No. 266

2025-2026

To enact sections 3779.01, 3779.02, 3779.03, and 3779.99 of the Revised Code to establish specified requirements governing the sale and testing of intoxicating hemp products.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3779.01, 3779.02, 3779.03, and 3779.99 of the Revised Code be enacted to read as follows:

Sec. 3779.01. As used in this chapter:

(A) "Delta-9 tetrahydrocannabinol" and "hemp product" have the same meanings as in section 928.01 of the Revised Code.

(B) "Identification card" means a driver's or commercial driver's license, an identification card issued under sections 4507.50 to 4507.52 of the Revised Code or an equivalent identification card issued by another state, a military identification card issued by the United States department of defense, or a United States or foreign passport that displays a picture of the individual for whom the license, card, or passport is issued and shows that the person buying is then at least twenty-one years of age.

(C) "Intoxicating hemp product" means a hemp product containing any amount of synthetic tetrahydrocannabinol, more than five-tenths of a milligram of delta-9 tetrahydrocannabinol per serving, two milligrams of delta-9 tetrahydrocannabinol per package, or five-tenths of a milligram of total non-delta-9 tetrahydrocannabinol per package. "Intoxicating hemp product" does not include a hemp product that cannot be ingested, inhaled, snorted, sniffed, or used sublingually.

(D) "Sell" means the exchange, barter, gift, offer for sale, and sale of an intoxicating hemp product.

(E) "Tetrahydrocannabinol" means naturally occurring or synthetic equivalents, regardless of whether artificially or naturally derived, of the substances contained in the plant, or in the resinous extractives of cannabis, sp. or derivatives, and their isomers with similar chemical structure to delta-1-cis or trans tetrahydrocannabinol, and their optical isomers, salts and salts of isomers. "Tetrahydrocannabinol" includes, but is not limited to, delta-8 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, tetrahydrocannabinol-o acetate, tetrahydrocannabiphorol, tetrahydrocannabivarin, hexahydrocannabinol, delta-6-cis or trans tetrahydrocannabinol, delta-3,4-cis or trans tetrahydrocannabinol, 9-hexahydrocannabinol, and delta-9-tetrahydrocannabinol acetate.

Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of designation of atomic positions, are included.

"Tetrahydrocannabinol" does not include the following:

(1) Tetrahydrocannabinols approved by the United States food and drug administration for marketing as a medication or recognized by the United States food and drug administration as generally recognized as safe;

(2) Cannabichromene (CBC);

(3) Cannabicyclol (CBL);

(4) Cannabidiol (CBD);

(5) Cannabidivarol (CBDV);

(6) Cannabielsoin (CBE);

(7) Cannabigerol (CBG);

(8) Cannabigerovarin (CBGV);

(9) Cannabinol (CBN);

(10) Cannabivarin (CBV).

(F) "Total non-delta-9 tetrahydrocannabinol" means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol, other than delta-9 tetrahydrocannabinol, and the percentage by weight of tetrahydrocannabinolic acid.

Sec. 3779.02. No person shall do any of the following:

(A) Sell an intoxicating hemp product to an individual who is under twenty-one years of age as verified by examining the individual's identification card;

(B) Subject to division (B) of section 3779.03 of the Revised Code, sell an intoxicating hemp product that has not been tested in compliance with rules adopted under section 3780.03 of the Revised Code that otherwise apply to adult use cannabis;

(C) Sell an intoxicating hemp product in any form or method that is considered attractive to children as established in rules adopted under section 3779.03 of the Revised Code.

Sec. 3779.03. (A) The superintendent of cannabis control shall adopt rules in accordance with Chapter 119. of the Revised Code establishing criteria for what constitutes an intoxicating hemp product that is attractive to children. The rules shall, at a minimum, include criteria prohibiting an intoxicating hemp product from being sold in a form or shape that bears the likeness or contains the characteristics of a realistic or fictional human, animal, or fruit, including artistic, caricature, or cartoon renderings.

(B) The superintendent shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for testing intoxicating hemp products. Notwithstanding Chapters 3780. and 3796. of the Revised Code and rules adopted under those chapters to the contrary, an intoxicating hemp product that is sold at retail in this state shall be tested in a facility licensed in accordance with Chapter 3780. of the Revised Code and rules adopted under it or, as approved by the director, in a facility in another state that meets requirements that are substantially similar to applicable requirements established under Chapter 3780. of the Revised Code and rules adopted under it.

Sec. 3779.99. (A) Whoever recklessly violates division (A) of section 3779.02 of the Revised Code is guilty of a felony of the fifth degree.

(B) Whoever recklessly violates division (C) of section 3779.02 of the Revised Code is guilty of a misdemeanor of the first degree.