VOICES: To protect children from unregulated hemp products, HB 86 deserves prompt consideration

Sen. Steve Huffman

Sen. Steve Huffman

Unregulated delta-8 and other intoxicating hemp products are a danger to all Ohioans, particularly our children. That’s why, when the Ohio Senate passed HB 86, it closed several loopholes in Ohio law that allow intoxicating hemp to be sold without any age restrictions or regulation. Instead HB 86, which passed through the Senate with a 29-2 bipartisan vote, requires intoxicating THC or marijuana products to only be sold to adults throughout the state. Governor DeWine has continued to help highlight this issue — most notably through his press conference last Wednesday, where he recounted how 15-year-olds are able to buy products like “toasted flakes” THC cereal and products mirroring candies like Sweet Tarts or Sour Patch Kids, all while dressed in their high school basketball uniforms.

The madness must stop. While working on the marijuana bill, we too noticed that many of these intoxicating hemp products seemed specifically and nefariously marketed to children. As we were considering the bill, we found advertisements for candies ourselves like “Nurds” or even “Nurds Rope.” We also found adds on Twitter, YouTube, and other forms of social media promoting mood-altering THC gummies or other intoxicating hemp products that were “100% legal” and could be shipped straight to your door. At most, the sites selling these products online had a checkbox to see if someone was over 18 (not even 21).

It became clear to us then — the dangerous, unregulated practices of these irresponsible and predatory actors must be stopped. HB 86 does so by prohibiting the sale of intoxicating hemp, like delta-8 THC, to minors while allowing for the sale of regulated and age-verified recreational THC products as soon as possible.

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HB 86 also helps protect children, like those 15-year old basketball players, by providing funding to the state’s poison control centers located at our children’s hospitals. According to those centers, in states where medical or recreational marijuana is legalized, an inevitable jump in calls to these centers occur, as kids end up ingesting gummies or other THC-laden products. And, Governor DeWine himself showed that poison control center calls regarding intoxicating hemp has already spiked by 50% in the last two years.

Beyond these items, HB 86 includes several other important measures aimed at child safety, like requiring marijuana to be sold in child-resistant packaging. It states that products cannot be shaped like cartoon characters, fruit snacks, or animals. It prohibits packaging and advertising that use cartoon characters or pop-culture icons whose target audience is children. It states that marijuana packaging and dispensary signs must indicate that products are only for individuals over the age of 21. It prevents smoking marijuana in playgrounds, parks, child-care centers, festivals, fairs, etc. All of these seem like common sense to me. All of these are important measures to ensure children are protected while allowing adults to consume marijuana responsibly.

Finally, HB 86 also included the ability for any of-age Ohioans to obtain access to safe and regulated marijuana immediately, without the need for a medical card. While this might not seem like a child-safety issue at first look, it absolutely is. As the Governor and many Senators have noted, we are in this unfortunate in-between time where adult-use marijuana has been legalized, but no one can legally sell it. This in-between time is certainly emboldening the illegal market and allowing these THC-laden intoxicating hemp products to take root and flourish in our communities. Having a legal, safe, and well-regulated product available now would absolutely protect our kids while giving the adults of this state access to safe and well-regulated marijuana even sooner.

These important child-protection measures, along with many other important provisions, are why I was proud to help helm the Senate’s work on HB 86. This overwhelmingly bipartisan bill deserves prompt consideration. If not, I promise I will continue my work on this issue by introducing a bill to better regulate and ensure proper age verifications for hemp products sold in this state. Until that time, Ohio’s children will continue to be inundated with THC “toasted flakes” and will eventually be subjected to marijuana fruit snacks with little to no statutory child-focused protections.

Sen. Steve Huffman represents Ohio’s 5th Senate District.

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