Hemp, Education, and SB266
Recess is over, and the statehouse is back in action! The first piece of legislation that we have seen regarding cannabis is a bill attempting to put regulations on intoxicating hemp. While addressing intoxicating hemp is a great idea, EbTHC believes that leading with education, science, and testing are safest and most effective route to this far reaching conversation.
Senate Bill 266, sponsored by Senator DeMora (D), attempts to make changes to Ohio’s Cannabis Program by giving the DCC instructions to adopt rules affecting hemp marketing, as well as testing of hemp products. Below is a breakdown of some of the specific language in the bill, as well as some suggestions as to how we can have a better conversation. No screenshots this time, as the bill itself is only four pages, and the language will be cited by line number.
What’s Right?
Lines 50-58 in their acknowledgement of the FDA’s marketing rules of cannabinoids as generally recognized as safe.
Lines 68-72 enforcing testing
Limits sales to those under the age of 21
What’s Wrong?
Line 46 states that “Tetrahydrocannabinols” that are approved by the FDA, however these are not classified as “Tetrahydrocannabinols” they are classified as Cannabinoids, a scientific term that we should use as the basis for our conversation.
Lines 74-96 place all of the new testing and marketing rule changes in the hands of the Superintendent of the DCC.
Now, all testing and marketing will be controlled by the DCC. Regulators who have shown a lack of scientific understanding in the very compounds and plants they have been entrusted to regulate. Adding more regulatory abilities is only going to further confuse the public, and drive more people to the legacy market.
This bill has zero efforts to educate, communicate or bridge the knowledge gap. While yes, addressing synthetics as existing, conflates them naturally occurring compounds.
Without a scientific basis for this conversation, adding regulatory controls to the Cannabis program is going to hamper much of the safe and already tested hemp industry.
What do we need?
We need a retroactive registry program for existing hemp providers that operate with COA’s.
We need to base the approval for testing centers based on ISO accreditation rather than a regulators biased approval.
US Code established a federal classifications of hemp with 7 U.S. Code § 1639o (1) and Ohio has specific language within it’s revised code regarding what is classified as hemp and attempts to have it controlled by cannabis regulators. Let ORC refer to US code 7 U.S. Code § 1639o (1) and be reliant on that. Therefore with any changes to federal code, LSC will be able to immediately update ORC to reflect.
A proper way to address synthetic cannabinoids that does not conflate natural and synthetic substances.
How do we do it?
Below are some amendments requested by fellow activists, drafted by the Legislative Services Commission and ready to be used in bills
Amendment 1: Align Hemp Definition with the 2018 Farm Bill — Protecting Natural Cannabinoids :
“Hemp means the plant Cannabis sativa L. and any part of that plant, including its extracts, cannabinoids, isomers, acids, salts, and derivatives, provided it complies with the dry weight concentration limits established under 7 U.S.C. § 1639o.”
Amendment 2: Prohibit Synthetic Cannabinoids
“Synthetic cannabinoids—defined as compounds not natively produced by the plant and created through artificial synthesis—shall not be permitted in any product regulated under this chapter.”
Amendment 3: Prohibit Artificially Converted Cannabinoids, Protect Natural Expression
“Cannabinoids produced through artificial conversion, chemical manipulation, or isomerization are prohibited; this does not apply to naturally occurring conversions within the plant or during standard formulation without synthetic intervention.”
Amendment 4: Require Dry Weight and Native Cannabinoid Testing
“All THC concentration testing must be performed on a dry weight basis using validated methods capable of detecting cannabinoids in their original, unaltered form, consistent with federal hemp compliance standards.”
What next?
Call your representatives, have convesrsations about why you need access to safe cannabis without over-reaching regulations.
Keep an eye out on this website, CivicsCannabis, the Ohio Cannabis Consumer Coalition, Ohio Cannabis Report, and other sources to see how else you can join the fight.
Norml Ohio is putting on a series of townhalls on 10/5, 10/19, 11/16 and 11/23 at libraries across Columbus featuring education and panelists to inform the public on the legislative happenings as they unfold. More info releasing soon.
