Following in Other States’ Footsteps, Ohio Regulates Delta-8 THC

Fifteen states have already issued bans on delta-8, while six others have pending legislation on the cannabinoid and related THC isomers.

June 24, 2021

While delta-8 tetrahydrocannabinol (THC) continues to be a hot topic in the cannabis industry, the conversation surrounding the cannabinoid has shifted to state talks of regulation.

As previously reported by Hemp Grower, 15 states have already issued bans on delta-8, while six additional states have pending legislation on the cannabinoid and other related THC isomers. 

RELATED: More States Take Action Against Delta-8 THC

Ohio is the next state to follow in the footsteps of those regulating delta-8, as the Ohio Department of Commerce released a set of regulations on delta-8 in medical cannabis products on June 15.

Before the release, the content of delta-8 in medical cannabis products did not have to be accurately depicted on the label. Now, under the new guidance, the exact amount of delta-8 must be listed on the product label, and "Delta-8 THC" must be entirely written on the packaging; "Delta-8" or "D8" are not permitted.

Cultivators, processors and testing laboratories must now test for delta-8 or any related THC isomers and analogs and report the results to the department's inventory tracking system, the guidance states.

The new regulations also require licensees to provide the Ohio Medical Marijuana Control Program (MMCP) with a standard operating procedure (SOP) that describes how delta-8 will be used in compliance with the state code.

Additionally, licensees must now maintain a delta-8 supply chain record of purchases and production of delta-8, cannabidiol (CBD) or any other ingredient used in the production of medical cannabis.

While some of these regulations are straightforward, some caused confusion among medical cannabis businesses, Cincinnati.com reported.

Under the new regulations, the total THC content in medical cannabis products must not exceed 70%, including a combination of delta-9 THC and any other isomer—a change from the department's initial classification of "total THC" just including delta-9, the news outlet reported.

However, the department argues that the state regulation cap refers to "tetrahydrocannabinol," which includes all types of THC, and a spokesperson told Cincinaati.com that the department would soon change its definition in the rules to reflect that.

Furthermore, the release states that all regulations are effective immediately for the use of delta-8 in medical cannabis products; however, the guidance does not specify what will happen to the products already in inventory or those on store shelves, the news outlet reported.

MMCP stated in the guidance that its top priority is product safety. The control program will continue to monitor delta-8 and other THC isomers as they develop, as well as prohibit product ingredients and provide guidance as necessary.