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 B I L L
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.
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(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
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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
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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.
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(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
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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.
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(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-
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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
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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
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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
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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;
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(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
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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
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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;
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(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
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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.
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(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.
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(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
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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
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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;
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(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
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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
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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
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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;
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(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:
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(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.
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(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,
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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
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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,
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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
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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,
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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.
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