Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 198
2025-2026
Representatives Fischer, Mathews, T.
Cosponsors: Representatives Hall, T.,
Creech, Kishman, Johnson, Ferguson, Mullins, Gross, Swearingen,
Newman, Robb Blasdel, Pizzulli, Jones, King, Rogers, Lear, Lorenz,
Dean, Daniels, Deeter, Barhorst, Ritter
A
BILL
To
amend sections 928.01, 928.06, and 3719.01 and to enact sections
930.01, 930.02, 930.03, 930.04, 930.05, 930.06, 930.07, 930.08,
930.09, 930.10, 930.11, 930.12, 930.13, 930.14, 930.15, 930.16,
930.17, and 930.99 of the Revised Code
to
regulate the manufacture, distribution, and sale of inhalable and
ingestible hemp products.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 928.01, 928.06, and 3719.01 be amended and sections 930.01,
930.02, 930.03, 930.04, 930.05, 930.06, 930.07, 930.08, 930.09,
930.10, 930.11, 930.12, 930.13, 930.14, 930.15, 930.16, 930.17, and
930.99 of the Revised Code be enacted to read as follows:
Sec.
928.01.
As
used in this chapter:
(A)
"Cannabidiol" means the cannabidiol compound, containing a
delta-9 tetrahydrocannabinol concentration of not more than
three-tenths per cent, derived from hemp.
(B)
"Cultivate" or "cultivating" means to plant,
water, grow, fertilize, till, or harvest a plant or crop.
"Cultivating" includes possessing or storing a plant or
crop on a premises where the plant or crop was cultivated until
transported to the first point of sale.
(C)
"Hemp" means the plant Cannabis sativa L. and any part of
that plant, including the seeds thereof and all derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths per cent on a dry weight
basis.
(D)
"Hemp cultivation license" means a license to cultivate
hemp issued under section 928.02 of the Revised Code.
(E)
"Hemp processing license" means a license to process hemp
issued under section 928.02 of the Revised Code.
(F)
"Hemp product" means any product, containing a delta-9
tetrahydrocannabinol concentration of not more than three-tenths per
cent, that is made with hemp
and that is not a hemp-derived consumable product as defined in
section 930.01 of the Revised Code
.
"Hemp product" includes cosmetics, personal care products,
dietary supplements or food intended for animal
or human
consumption,
cloth, cordage, fiber, fuel, paint, paper, particleboard, and any
other product containing one or more cannabinoids derived from hemp,
including cannabidiol.
(G)
"Marihuana" has the same meaning as in section 3719.01 of
the Revised Code.
(H)
"Medical marijuana" has the same meaning as in section
3796.01 of the Revised Code.
(I)
"Process" or "processing" means converting hemp
into a hemp product.
(J)
"Delta-9 tetrahydrocannabinol" means the sum of the
percentage by weight of tetrahydrocannabinolic acid multiplied by
0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.
(K)
"University" means an institution of higher education as
defined in section 3345.12 of the Revised Code and a private
nonprofit institution with a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code.
(L)
"USDA" means the United States department of agriculture.
Sec.
928.06.
There
is hereby created in the state treasury the hemp program fund. The
fund shall consist of all fees collected under rules adopted under
section 928.03 of the Revised Code;
fees
and fines collected under Chapter 930. of the Revised Code;
money
appropriated to the fund; and any other money received from gifts or
federal grants. All investment earnings of the fund shall be credited
to the fund. The director of agriculture shall use money in the fund
to
as
follows:
(A)
Money collected from fees under rules adopted under section 928.03 of
the Revised Code and money appropriated to the fund for purposes of
this chapter or received from gifts or federal grants for purposes of
this chapter shall be used to
administer
and enforce this chapter and rules adopted under it
.
(B)
Money collected from fees or fines under Chapter 930. of the Revised
Code and money appropriated to the fund for purposes of that chapter
or received from gifts or federal grants for purposes of that chapter
shall be used to administer and enforce Chapter 930. of the Revised
Code and rules adopted under it
.
Sec.
930.01.
As
used in this chapter:
(A)
"Batch" means a specific quantity of hemp-derived
consumable product to which all of the following apply:
(1)
It is manufactured at the same time using the same methods,
equipment, and ingredients.
(2)
It is uniform and intended to meet specifications for identity,
strength, purity, and composition.
(3)
It is manufactured, packaged, and labeled according to a single batch
production record executed and documented in accordance with rules
adopted under section 930.07 of the Revised Code.
(B)
"Batch identification number" means a unique numeric or
alphanumeric identifier assigned to a batch.
(C)
"Counter" means the point of purchase at a retail
establishment.
(D)
"Distributor" means a person or entity that purchases
hemp-derived consumable products from a manufacturer and sells those
products to a retailer.
(E)
"Franchise" means a contract of definite duration or
continuing indefinite duration, between a manufacturer and a
distributor, in which the distributor is granted the right to sell
within this state or any designated area of the state some or all of
the manufacturer's hemp-derived consumable products to retailers
licensed under this chapter.
(F)
"Food service operation" has the same meaning as in section
3717.01 of the Revised Code.
(G)
"Hemp" has the same meaning as in section 928.01 of the
Revised Code.
(H)
"Hemp-derived cannabinoid" means any cannabinoid derived
from a compound found in hemp, including delta-9
tetrahydrocannabinol, tetrahydrocannabinolic acid (THCA), cannabidiol
(CBD), cannabidiolic acid (CBDA), cannabinol (CBN), cannabigerol
(CBG), cannabichromene (CBC), cannabicycol (CBL), cannabivarin (CBV),
tetrahydrocannabivarin (THCV), cannabidivarin (CBDV), cannabicitran
(CBT), delta-7 tetrahydrocannabinol, delta-8 tetrahydrocannabinol,
delta-10 tetrahydrocannabinol, or hexahydrocannabinol (HHC).
"Hemp-derived cannabinoid" includes any synthetic
cannabinoid derived from hemp and contained in a hemp-derived
consumable product.
(I)
"Hemp-derived consumable product" means a hemp product that
is a finished good intended for human ingestion or inhalation that
contains a delta-9 tetrahydrocannabinol concentration of not more
than three-tenths of one per cent on a dry weight basis, but may
contain concentrations of other hemp-derived cannabinoids in excess
of three-tenths of one per cent. "Hemp-derived consumable
product" does not include hemp products that are not intended
for ingestion or inhalation, or seeds or seed-derived ingredients
that are generally recognized as safe by the United States food and
drug administration.
(J)
"Identification card" means a driver's or commercial
driver's license or state identification card issued under Chapters
4506. and 4507. of the Revised Code, as applicable, or an equivalent
license or 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 was
issued.
(K)
"Ingestion" means the process of consuming hemp through the
mouth by swallowing into the gastrointestinal system or through
tissue absorption.
(L)
"Inhalation" means the process of consuming hemp through
the respiratory system through the mouth or nasal passageway.
(M)
"Manufacture" means to compound, blend, extract, infuse,
cook, or otherwise make or prepare products containing a hemp-derived
cannabinoid, including the processes of extraction, infusion,
packaging, repackaging, labeling, and relabeling of products
containing a hemp-derived cannabinoid.
(N)
"Manufacturer" means any person who manufactures a
hemp-derived consumable product.
(O)
"Retail establishment" means a place of business open to
the general public for the sale of goods or services.
(P)
"Retailer" means a person that sells a hemp-derived
consumable product at retail to consumers.
(Q)
"School" means a school operated by a city, local, exempted
village, or joint vocational school district or an educational
service center, a community school under Chapter 3314. of the Revised
Code, a STEM school under Chapter 3326. of the Revised Code, a
college-preparatory boarding school under Chapter 3328. of the
Revised Code, or a chartered or nonchartered nonpublic school.
(R)
"Serving" means a quantity of a hemp-derived consumable
product indicated on the label of the product that is intended for a
single use by an individual.
(S)
"Sell" means the exchange, barter, gift, sale,
distribution, or delivery of a hemp-derived consumable product.
(T)
"Testing laboratory" means a laboratory that meets all of
the following conditions:
(1)
Holds an ISO 17025 accreditation or is registered with the drug
enforcement administration in accordance with 21 C.F.R. 1301.13;
(2)
Does not have a direct or indirect interest in the entity whose
product is being tested;
(3)
Does not have a direct or indirect interest in a facility that
cultivates, processes, distributes, dispenses, or sells hemp-derived
consumable products in this state or any other jurisdiction;
(4)
Performs tetrahydrocannabinol concentration sampling and testing
using the high-performance chromatography (HPLC) method.
Sec.
930.02.
(A)
It is the intent of the General Assembly to establish uniform and
statewide regulations governing the manufacture, distribution, and
retail sale of hemp-derived consumable products in this state.
(B)
The department of agriculture shall enforce this chapter in a manner
that may reasonably be expected to reduce the extent to which
hemp-derived consumable products are sold or distributed to persons
under twenty-one years of age and shall conduct inspections under the
authority of section 930.15 of the Revised Code at locations where
such products are manufactured, sold, or distributed to ensure
compliance with this chapter.
Sec.
930.03.
(A)
No person shall manufacture a hemp-derived consumable product for
sale in this state without a license issued by the director of
agriculture in accordance with rules adopted under section 930.07 of
the Revised Code. The director shall issue a license under this
section if the applicant submits to the director an application in
compliance with those rules and pays to the director a license
application fee of two hundred fifty dollars.
(B)
A license issued under this section is valid for one year after
issuance and shall be renewed in the same manner as an initial
license, including payment of a two-hundred-fifty-dollar license
renewal application fee.
(C)
Fees collected under this section shall be credited to the hemp
program fund created in section 928.06 of the Revised Code.
Sec.
930.04.
(A)
No person shall distribute a hemp-derived consumable product for sale
in this state without a license issued by the director of agriculture
in accordance with rules adopted under section 930.07 of the Revised
Code. The director shall issue a license under this section if the
applicant submits to the director an application in compliance with
those rules and pays to the director a license application fee of two
hundred fifty dollars. An applicant need not submit a fee under this
division or division (B) of this section if the applicant holds a
license under section 5743.61 of the Revised Code.
(B)
A license issued under this section is valid for one year after
issuance and shall be renewed in the same manner as an initial
license, including payment of a two-hundred-fifty-dollar license
renewal application fee, if applicable.
(C)
Fees collected under this section shall be credited to the hemp
program fund created in section 928.06 of the Revised Code.
Sec.
930.05.
(A)
No person shall sell or offer for sale at retail in this state a
hemp-derived consumable product without a license issued by the
director of agriculture in accordance with rules adopted under
section 930.07 of the Revised Code. The director shall issue a
license under this section if the applicant submits to the director
an application in compliance with those rules and pays to the
director a license application fee of one hundred dollars per retail
location. An applicant shall not pay more than a
two-thousand-five-hundred-dollar application fee if the applicant has
more than twenty-five retail locations. An applicant need not submit
a fee under this division or division (B) of this section if the
applicant holds a license under section 5743.15 of the Revised Code.
(B)
A license issued under this section is valid for one year after
issuance and shall be renewed in the same manner as an initial
license, including payment of a two-hundred-fifty-dollar license
renewal application fee, if applicable.
(C)
Fees collected under this section shall be credited to the hemp
program fund created in section 928.06 of the Revised Code.
(D)
No person shall operate in this state a retail establishment that
sells hemp-derived consumable products to consumers if the
establishment is located within one hundred feet of a school.
Sec.
930.06.
(A)
As used in this section, "small beverage manufacturer"
means a manufacturer licensed under this chapter that exclusively
manufactures beverages that are hemp-derived consumable products in
amounts not exceeding one thousand gallons per year.
(B)
With respect to persons or entities licensed under this chapter, all
of the following apply:
(1)
A manufacturer shall not hold a distributor or retailer license
issued under this chapter and shall not have a financial interest,
either direct or indirect, in any person or entity holding such a
license.
(2)
A distributor shall not hold a manufacturer or retailer license
issued under this chapter and shall not have a financial interest,
either direct or indirect, in any person or entity holding such a
license.
(3)
A retailer shall not hold a manufacturer or distributor license
issued under this chapter and shall not have a financial interest,
either direct or indirect, in any person or entity holding such a
license.
(C)
No manufacturer licensed under this chapter shall directly sell or
offer to sell hemp-derived consumable products to a retailer. Such a
manufacturer shall only sell such products to a distributor licensed
under this chapter.
(D)
No distributor licensed under this chapter shall sell or offer to
sell hemp-derived consumable products at retail. Such a distributor
shall only sell such products to a retailer licensed under this
chapter for subsequent sale to a consumer.
(E)
Divisions (B) and (C) of this section do not apply to a small
beverage manufacturer.
(F)
A small beverage manufacturer may sell beverages that are
hemp-derived consumable products at retail or to a distributor
licensed under this chapter or a retailer licensed under this
chapter.
Sec.
930.07.
The
director of agriculture shall adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:
(A)
Establish all of the following regarding licenses issued under
sections 930.03, 930.04, and 930.05 of the Revised Code:
(1)
Information that must be included with an application for a license;
(2)
Procedures for the approval of a license;
(3)
Grounds and procedures for the denial, suspension, or revocation of a
license.
(B)
Establish requirements and procedures regarding the testing of
hemp-derived consumable products under section 930.08 of the Revised
Code. Such requirements and procedures shall include maximum
allowable levels for the substances and organisms specified in
division (A)(1) of section 930.08 of the Revised Code to ensure the
safety of hemp-derived consumable products sold and offered for sale
in this state.
(C)
Establish any additional requirements and procedures for the labeling
of hemp-derived consumable products for purposes of implementing
section 930.09 of the Revised Code;
(D)
Establish both of the following regarding registration of
hemp-derived consumable products:
(1)
Registration and registration renewal procedures, including specific
deadlines by which products must be registered;
(2)
Reasons, in addition to those established in section 930.10 of the
Revised Code, that a manufacturer must submit a new registration for
a hemp-derived consumable product that has been previously
registered.
(E)
Establish requirements governing the execution and documentation of
batch production records;
(F)
Specify definitions that delineate what constitutes a
ready-to-consume or a direct consumption prepackaged hemp-derived
consumable product for purposes of section 930.14 of the Revised
Code;
(G)
Establish any additional requirements and procedures necessary to
implement this chapter.
Sec.
930.08.
(A)(1)
A manufacturer licensed under this chapter shall test each
hemp-derived consumable product in accordance with rules adopted
under section 930.07 of the Revised Code prior to selling the product
or offering the product for sale to a distributor licensed under this
chapter. The manufacturer shall test for the presence and amounts of
any of the following substances or organisms in accordance with those
rules:
(a)
Heavy metals;
(b)
Pesticides;
(c)
Mycotoxins;
(d)
Solvents;
(e)
Microbials.
(2)
No manufacturer, distributor, or retailer shall sell or offer to sell
a hemp-derived consumable product that is not tested in accordance
with this section and rules adopted under section 930.07 of the
Revised Code or that exceeds the maximum allowable level for a
substance or organism specified in those rules.
(B)
A manufacturer shall contract with a testing laboratory to provide
the testing required under this section. A testing laboratory that
tests a hemp-derived consumable product for a manufacturer shall use
high-performance liquid chromatography for any separation and
measurement required in the testing.
(C)
A manufacturer shall ensure that each hemp-derived consumable product
tested in accordance with this section is accompanied by a
certificate of analysis issued by the testing laboratory. The
laboratory shall include all of the following on the certificate of
analysis:
(1)
The batch identification number;
(2)
The date the hemp-derived consumable product was received by the
laboratory;
(3)
The date that the testing was completed;
(4)
The method of analysis for each test conducted;
(5)
Proof that the applicable certificate of analysis is congruent with
the hemp-derived consumable product being tested.
(D)
The director shall do both of the following:
(1)
Maintain and post on the department of agriculture's web site a
registry of testing laboratories that are qualified to test
hemp-derived consumable products;
(2)
Develop an application and process by which testing laboratories are
listed on the department of agriculture's web site. The application
submitted by a potentially qualifying testing laboratory shall
include a sample certificate of analysis issued by the applying
laboratory.
(E)
No manufacturer or testing laboratory shall fail to comply with this
section.
Sec.
930.09.
(A)
A manufacturer licensed under this chapter shall include a label on
each hemp-derived consumable product container that it sells or
offers for sale by the manufacturer in this state that includes the
following information in legible print:
(1)
The product name or common name on the front of the label;
(2)
The brand name on the front of the label;
(3)
The size of the container or net count of individual items included
in the container on the front of the label;
(4)
The net weight or volume of the items included in the container;
(5)
The recommended use of the product, including the recommended serving
size;
(6)
A list of ingredients, including the amount of any cannabinoid, in
milligrams;
(7)
A list of allergens included in the product;
(8)
The name and address of the manufacturer and distributor;
(9)
The batch identification number of the ingredients included in the
product;
(10)
A statement that the use of the product may be harmful while pregnant
or breastfeeding;
(11)
A statement that the product contains hemp-derived cannabinoids and
that consumption of certain cannabinoids may impair a person's
ability to drive or operate heavy machinery;
(12)
A statement recommending that consumers keep the product out of the
reach of children;
(13)
A statement that the product is only for persons twenty-one years of
age or over;
(14)
A statement that a person should consult the person's physician
before use;
(15)
A statement that consuming hemp-derived consumable products may
result in a failed drug test;
(16)
An expiration date that conforms with applicable laws;
(17)
The following text:
"This
product has not been evaluated by the Food and Drug Administration.
This product is not intended to diagnose, treat, cure, mitigate, or
prevent any disease.
Warning
– The safety of this product has not been determined."
(B)
The manufacturer shall ensure that a label does not:
(1)
Include any likeness that bears a resemblance to a human or animal or
to a cartoon or fictional character;
(2)
Imply to a consumer in any manner that the hemp-derived consumable
product is a food, candy, or snack product, including a product that
is typically marketed toward or appealing to children.
(C)
No manufacturer shall fail to comply with this section.
Sec.
930.10.
(A)
A manufacturer licensed under this chapter shall annually register
with the director of agriculture each hemp-derived consumable product
that it intends to sell or offer for sale in this state. The
manufacturer shall register or renew the registration of the product
in accordance with deadlines established in rules adopted under
section 930.07 of the Revised Code.
(B)
A manufacturer shall apply for registration on a form prescribed by
the director. The application shall include all of following
information:
(1)
The name and address of the applicant;
(2)
The name of the product;
(3)
The type and use of the product;
(4)
A complete copy of the label as it will appear on the product in a
legible format;
(5)
If the product has been assigned a national drug code in accordance
with 21 C.F.R. 207.33, the national drug code number;
(6)
The certificate of analysis from an independent testing laboratory
for the hemp-derived consumable product as required under section
930.08 of the Revised Code.
(C)
The director may deny the application for registration of a
hemp-derived consumable product if the application is incomplete.
(D)
A manufacturer shall apply for a new registration for a hemp-derived
consumable product that has been previously registered if either of
the following apply:
(1)
The product's ingredients, directions, or name has changed since its
initial registration or most recent registration renewal.
(2)
Any other change has occurred regarding the product that necessitates
a new registration as determined by the director in rules adopted
under section 930.07 of the Revised Code.
(E)
A manufacturer shall continue to register a hemp-derived consumable
product that has been discontinued until the product is no longer
available for sale in this state.
(F)
No manufacturer shall fail to comply with the requirements of this
section or falsify any information submitted for the registration of
a hemp-derived consumable product.
(G)
No person, including any manufacturer, distributor, or retailer,
shall sell or offer for sale a hemp-derived consumable product that
is not registered as required by this section.
Sec.
930.11.
(A)(1)
A manufacturer that is licensed under this chapter shall ensure that
each hemp-derived consumable product it sells or offers for sale in
this state meets the following requirements:
(a)
Except for a hemp-derived consumable product that is a beverage, the
container in which the product is sold complies with child-resistant
effectiveness standards under 16 C.F.R. 1700.15(b)(1) when tested in
accordance with the requirements set forth in 16 C.F.R. 1700.20.
(b)
The product is manufactured in the United States in accordance with
all applicable laws governing the manufacture of hemp-derived
products in its jurisdiction of manufacture.
(c)
With respect to a hemp-derived consumable product intended for
inhalation, the product is sold in a container that contains not more
than six milliliters or six grams, in the aggregate, of hemp-derived
cannabinoids.
(d)
The product is sold with a valid certificate of analysis issued for
the product by an independent testing laboratory within the previous
twelve months prior to its sale in accordance with section 930.08 of
the Revised Code and rules adopted under section 930.07 of the
Revised Code.
(e)
Each serving included within the product is not formed in the shape
of a person or animal or cartoon character or fictional character.
(2)
No manufacturer shall fail to comply with division (A)(1) of this
section.
(B)(1)
No retailer or distributor licensed under this chapter shall
advertise, market, sell, or offer for sale a hemp-derived consumable
product that is not in compliance with section 930.09 of the Revised
Code or division (A)(1) of this section.
(2)
No retailer or distributor shall advertise or market a hemp-derived
consumable product that includes trade dress, trademarks, branding,
or other related imagery or scenery that depicts or signifies
characters or symbols known to appeal primarily to persons under
twenty-one years of age or that mimics commonly available food
products, including candy or snack products. Division (B)(2) of this
section does not prevent a retailer or distributor from using
drawings, illustrations, or artwork depicting inanimate objects,
scenery, fruit- or flavor-focused images, or any other items not
known to appeal primarily to persons under twenty-one years of age.
Sec.
930.12.
(A)
As used in this section:
(1)
"Good faith" means the duty of any party to any franchise,
and all officers, employees, or agents of any party to any franchise,
to act in a fair and equitable manner towards each other.
(2)
"Good cause" means any of the following:
(a)
Failure of a distributor to comply substantially with a franchise
with a manufacturer, provided the provisions of the franchise are
reasonable;
(b)
Use of bad faith by a distributor or failure to observe reasonable
commercial standards of fair dealing in the trade by a distributor;
(c)
Revocation or suspension for more than thirty days of a distributor's
license issued under this chapter.
(B)
If a manufacturer licensed under this chapter grants more than one
franchise for the same brand or brands of hemp-derived consumable
products to different licensed distributors in this state, the
manufacturer shall not discriminate between the distributors with
respect to any of the terms, provisions, and conditions of these
franchises.
(C)
Notwithstanding the terms, provisions, and conditions of any
franchise, no licensed manufacturer of a hemp-derived consumable
product shall unilaterally terminate or refuse to continue or
substantially change the condition of any franchise with a
distributor unless the manufacturer has first established good cause
for such termination, noncontinuance, or change.
(D)
Any distributor licensed under this chapter may bring an action in a
court of competent jurisdiction against a hemp-derived consumable
product manufacturer for violation of any of the provisions of this
section and may recover damages sustained by the distributor together
with the costs of the action and reasonable attorney's fees. In any
such action brought by a distributor for termination, noncontinuance,
or substantial change of a franchise in violation of the provisions
of this section, it is a complete defense for the manufacturer that
the termination, noncontinuance, or change was done in good faith and
for good cause.
Sec.
930.13.
No
person shall do any of the following:
(A)
Sell or distribute a hemp-derived consumable product to a person who
is under twenty-one years of age;
(B)
Purchase a hemp-derived consumable product on behalf of a person who
is under twenty-one years of age;
(C)
Persuade, entice, send, or assist a person who is under twenty-one
years of age to purchase, acquire, receive, or attempt to purchase a
hemp-derived consumable product. This division does not preclude the
involvement of persons under twenty-one years of age in law
enforcement investigations conducted for purposes of enforcing this
section, provided the law enforcement agency has received the consent
of such person or, in the case of a person seventeen years of age or
younger, the consent of the parent or guardian of that person.
(D)
Distribute samples of a hemp-derived consumable product in or on a
public street, sidewalk, or park;
(E)
Fail to verify that a person who attempts to purchase or purchases a
hemp-derived consumable product is at least twenty-one years of age
by examining the person's identification card;
(F)
If the person is under twenty-one years of age, purchase, possess, or
accept receipt of a hemp-derived consumable product;
(G)
Furnish any false information regarding the name, age, or other
identification of any person under twenty-one years of age with
purpose to obtain a hemp-derived consumable product;
(H)
With the exception of a hemp-derived consumable product that is a
beverage not exceeding 10 milligrams per serving, in the aggregate,
of delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, and
delta-10 tetrahydrocannabinol, fail to maintain a hemp-derived
consumable product behind the counter of a retail establishment in an
area inaccessible to customers. A retailer shall ensure that any
beverage that is not subject to this division, but that is a
hemp-derived consumable product, is offered for sale at retail in
such a manner so as to clearly indicate to consumers that the product
contains hemp-derived cannabinoids, including through signage,
shelf-talkers, and stickers on cooler doors.
(I)
If the person is a manufacturer or distributor, pay to a retailer any
payment, credit, or any other consideration to induce the retailer to
advertise or display a hemp-derived consumable product in a certain
manner in the retailer's licensed premises;
(J)
If the person is a retailer, accept any payment, credit, or any other
consideration to advertise or display a hemp-derived consumable
product in a certain manner at the retailer's licensed premises;
(K)
Deliver, ship, or cause to be delivered or shipped any hemp-derived
consumable beverage products directly to any consumer in this state;
(L)
Use a hemp-derived consumable product in any area under the control
of a school or at a school-sponsored event that does not occur in an
area under the control of a school.
Sec.
930.14.
(A)
As used in this section, "food service operation" means a
food service operation licensed under Chapter 3717. of the Revised
Code and licensed under this chapter to sell hemp-derived consumable
products at retail.
(B)
Except as provided in this section, a food service operation may sell
or offer for sale a hemp-derived consumable product for on-site
consumption only if it is a ready-to-consume or a direct consumption
prepackaged hemp-derived consumable product.
(C)(1)
Except as provided in division (C)(2) of this section, no food
service operation shall add a hemp-derived consumable product to a
food product for sale at the food service operation.
(2)
A food service operation may add a hemp-derived consumable product
that is a beverage to a nonalcoholic beverage product at the food
service operation, provided the food service operation furnishes to
consumers upon request all of the following:
(a)
The common name of the product;
(b)
The name of the distributor and manufacturer of the product;
(c)
A copy of the product's registration required under section 930.10 of
the Revised Code.
(3)
No person, including a person issued a liquor permit under Chapter
4303. of the Revised Code, shall add a hemp-derived consumable
product to a beverage that includes beer or intoxicating liquor, as
those terms are defined in section 4301.01 of the Revised Code.
(D)
A food service operation shall notify the department of agriculture
within twenty-four hours after becoming aware of or within
twenty-four hours after the food service operation should have been
aware of any serious adverse event related to a hemp-derived
consumable product served to a consumer by the operation.
Sec.
930.15.
(A)
The director of agriculture or the director's designee may inspect
the location of a licensed manufacturer, distributor, or retailer or
any other location to ensure compliance with this chapter and rules
adopted under it. The director or the director's designee may conduct
an inspection under this section during regular business hours
without providing notice in advance of such inspection.
(B)
The director or the director's designee shall periodically sample,
analyze, and test hemp-derived consumable products distributed and
sold within this state to ensure that such products comply with this
chapter and rules adopted under it. The director or the director's
designee may seize a product containing a hemp-derived cannabinoid
that is sold or offered for sale in violation of this chapter.
(C)
The director shall submit a report by the first day of March of each
year to the general assembly describing the number and types of
violations of this chapter committed during the prior calendar year.
The director also shall post the report on the department of
agriculture's web site.
Sec.
930.16.
(A)
Nothing in this chapter does any of the following:
(1)
Requires an employer to permit or accommodate an employee's use,
possession, or distribution of a hemp-derived consumable product;
(2)
Prohibits an employer from refusing to hire, discharging,
disciplining, or otherwise taking an adverse employment action
against an individual with respect to hire, tenure, terms,
conditions, or privileges of employment because of that individual's
use, possession, or distribution of a hemp-derived consumable
product;
(3)
Prohibits an employer from establishing and enforcing a drug testing
policy, drug-free workplace policy, or zero-tolerance drug policy;
(4)
Interferes with any federal restrictions on employment, including the
regulations adopted by the United States department of transportation
in Title 49 of the Code of Federal Regulations, as amended;
(5)
Permits an individual to commence a cause of action against an
employer for refusing to hire, discharging, disciplining,
discriminating, retaliating, or otherwise taking an adverse
employment action against an individual with respect to hire, tenure,
terms, conditions, or privileges of employment related to the
individual's use of a hemp-derived consumable product;
(6)
Affects the authority of the administrator of workers' compensation
to grant rebates or discounts on premium rates to employers that
participate in a drug-free workplace program established in
accordance with rules adopted by the administrator under Chapter
4123. of the Revised Code.
(B)
An individual who is discharged from employment because of that
individual's use of a hemp-derived consumable product shall be
considered to have been discharged for just cause for purposes of
division (D) of section 4141.29 of the Revised Code if the
individual's use of a hemp-derived consumable product was in
violation of an employer's drug-free workplace policy, zero-tolerance
policy, or other formal program or policy.
Sec.
930.17.
(A)
As used in this section:
(1)
"Safe harbor hemp product" means a hemp-derived consumable
product or hemp-derived cannabinoid, whether a finished product or in
the process of being produced, that is not permitted to be
manufactured for sale or distribution, produced for sale or
distribution, packaged for sale or distribution, processed for sale
or distribution, prepared for sale or distribution, transported for
sale or distribution, or held for sale or distribution in this state,
but that is intended for export from this state to be sold or
distributed in another jurisdiction in which such sale or
distribution is permitted.
(2)
"Safe harbor manufacturer, distributor, or storage facility"
means a facility that manufactures, distributes, or stores a safe
harbor hemp product.
(B)
This chapter does not apply to the following:
(1)
A safe harbor hemp product;
(2)
A safe harbor manufacturer, distributor, or storage facility solely
with respect to the manufacture, distribution, or storage of safe
harbor hemp products.
(C)
No person shall sell a safe harbor hemp product in this state.
Sec.
930.99.
Whoever
knowingly violates any provision of this chapter is guilty of a
misdemeanor of the first degree. Each day of violation is a separate
offense. Notwithstanding section 2929.28 of the Revised Code and in
addition to any other penalty that may be imposed, if a court imposes
a fine on an offender, the fine shall not exceed two hundred fifty
dollars.
Any
money collected from such fines shall be deposited in the hemp
program fund created in section 928.06 of the Revised Code.
Sec.
3719.01.
As
used in this chapter:
(A)
"Administer" means the direct application of a drug,
whether by injection, inhalation, ingestion, or any other means to a
person or an animal.
(B)
"Drug enforcement administration" means the drug
enforcement administration of the United States department of justice
or its successor agency.
(C)
"Controlled substance" means a drug, compound, mixture,
preparation, or substance included in schedule I, II, III, IV, or V.
(D)
"Dangerous drug" has the same meaning as in section 4729.01
of the Revised Code.
(E)
"Dispense" means to sell, leave with, give away, dispose
of, or deliver.
(F)
"Distribute" means to deal in, ship, transport, or deliver
but does not include administering or dispensing a drug.
(G)
"Drug" has the same meaning as in section 4729.01 of the
Revised Code.
(H)
"Drug abuse offense" and "felony drug abuse offense"
have the same meanings as in section 2925.01 of the Revised Code.
(I)
"Federal drug abuse control laws" means the "Comprehensive
Drug Abuse Prevention and Control Act of 1970," 84 Stat. 1242,
21 U.S.C. 801, as amended.
(J)
"Hospital" means a facility registered as a hospital with
the department of health under section 3701.07 of the Revised Code.
(K)
"Hypodermic" means a hypodermic syringe or needle, or other
instrument or device for the injection of medication.
(L)
"Manufacturer" means a person who manufactures a controlled
substance, as "manufacture" is defined in section 3715.01
of the Revised Code, and includes a "manufacturer of dangerous
drugs" as defined in section 4729.01 of the Revised Code.
(M)
"Marihuana" means all parts of a plant of the genus
cannabis, whether growing or not; the seeds of a plant of that type;
the resin extracted from a part of a plant of that type; and every
compound, manufacture, salt, derivative, mixture, or preparation of a
plant of that type or of its seeds or resin. "Marihuana"
does not include the mature stalks of the plant, fiber produced from
the stalks, oils or cake made from the seeds of the plant, or any
other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks, except the resin extracted from the
mature stalks, fiber, oil or cake, or the sterilized seed of the
plant that is incapable of germination. "Marihuana" does
not include "hemp" or a "hemp product" as those
terms are defined in section 928.01 of the Revised Code
or a hemp-derived consumable product as that term is defined in
section 930.01 of the Revised Code
.
(N)
"Narcotic drugs" means coca leaves, opium, isonipecaine,
amidone, isoamidone, ketobemidone, as defined in this division, and
every substance not chemically distinguished from them and every
drug, other than cannabis, that may be included in the meaning of
"narcotic drug" under the federal drug abuse control laws.
As used in this division:
(1)
"Coca leaves" includes cocaine and any compound,
manufacture, salt, derivative, mixture, or preparation of coca
leaves, except derivatives of coca leaves, that does not contain
cocaine, ecgonine, or substances from which cocaine or ecgonine may
be synthesized or made.
(2)
"Isonipecaine" means any substance identified chemically as
1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or any
salt thereof, by whatever trade name designated.
(3)
"Amidone" means any substance identified chemically as
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by
whatever trade name designated.
(4)
"Isoamidone" means any substance identified chemically as
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt thereof,
by whatever trade name designated.
(5)
"Ketobemidone" means any substance identified chemically as
4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride,
or any salt thereof, by whatever trade name designated.
(6)
"Cocaine" has the same meaning as in section 2925.01 of the
Revised Code.
(O)
"Official written order" means an order written on a form
provided for that purpose by the director of the United States drug
enforcement administration, under any laws of the United States
making provision for the order, if the order forms are authorized and
required by federal law.
(P)
"Person" means any individual, corporation, government,
governmental subdivision or agency, business trust, estate, trust,
partnership, association, or other legal entity.
(Q)
"Pharmacist" means a person licensed under Chapter 4729. of
the Revised Code to engage in the practice of pharmacy.
(R)
"Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(S)
"Poison" means any drug, chemical, or preparation likely to
be deleterious or destructive to adult human life in quantities of
four grams or less.
(T)
"Licensed health professional authorized to prescribe drugs,"
"prescriber," and "prescription" have the same
meanings as in section 4729.01 of the Revised Code.
(U)
"Sale" includes delivery, barter, exchange, transfer, or
gift, or offer thereof, and each transaction of those natures made by
any person, whether as principal, proprietor, agent, servant, or
employee.
(V)
"Schedule I," "schedule II," "schedule III,"
"schedule IV," and "schedule V" mean controlled
substance schedules I, II, III, IV, and V, respectively, as
established by rule adopted under section 3719.41 of the Revised
Code, as amended pursuant to section 3719.43 or 3719.44 of the
Revised Code, or as established by emergency rule adopted under
section 3719.45 of the Revised Code.
(W)
"Wholesaler" means a person who, on official written orders
other than prescriptions, supplies controlled substances that the
person has not manufactured, produced, or prepared personally and
includes a "wholesale distributor of dangerous drugs" as
defined in section 4729.01 of the Revised Code.
(X)
"Animal shelter" means a facility operated by a humane
society or any society organized under Chapter 1717. of the Revised
Code or a dog pound operated pursuant to Chapter 955. of the Revised
Code.
(Y)
"Terminal distributor of dangerous drugs" has the same
meaning as in section 4729.01 of the Revised Code.
(Z)(1)
"Controlled substance analog" means, except as provided in
division (Z)(2) of this section, a substance to which both of the
following apply:
(a)
The chemical structure of the substance is substantially similar to
the structure of a controlled substance in schedule I or II.
(b)
One of the following applies regarding the substance:
(i)
The substance has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance in schedule I or
II.
(ii)
With respect to a particular person, that person represents or
intends the substance to have a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant, depressant,
or hallucinogenic effect on the central nervous system of a
controlled substance in schedule I or II.
(2)
"Controlled substance analog" does not include any of the
following:
(a)
A controlled substance;
(b)
Any substance for which there is an approved new drug application;
(c)
With respect to a particular person, any substance if an exemption is
in effect for investigational use for that person pursuant to federal
law to the extent that conduct with respect to that substance is
pursuant to that exemption;
(d)
Any substance to the extent it is not intended for human consumption
before the exemption described in division (Z)(2)(b) of this section
takes effect with respect to that substance.
(AA)
"Benzodiazepine" means a controlled substance that has
United States food and drug administration approved labeling
indicating that it is a benzodiazepine, benzodiazepine derivative,
triazolobenzodiazepine, or triazolobenzodiazepine derivative,
including the following drugs and their varying salt forms or
chemical congeners: alprazolam, chlordiazepoxide hydrochloride,
clobazam, clonazepam, clorazepate, diazepam, estazolam, flurazepam
hydrochloride, lorazepam, midazolam, oxazepam, quazepam, temazepam,
and triazolam.
(BB)
"Opioid analgesic" means a controlled substance that has
analgesic pharmacologic activity at the opioid receptors of the
central nervous system, including the following drugs and their
varying salt forms or chemical congeners: buprenorphine, butorphanol,
codeine (including acetaminophen and other combination products),
dihydrocodeine, fentanyl, hydrocodone (including acetaminophen
combination products), hydromorphone, meperidine, methadone, morphine
sulfate, oxycodone (including acetaminophen, aspirin, and other
combination products), oxymorphone, tapentadol, and tramadol.
(CC)
"Outsourcing facility," "repackager of dangerous
drugs," and "third-party logistics provider" have the
same meanings as in section 4729.01 of the Revised Code.
Section
2.
That
existing sections 928.01, 928.06, and 3719.01 of the Revised Code are
hereby repealed.