How is this legal?
The Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill, significantly transformed the legal landscape for hemp in the United States.
—Here’s an in-depth look at its provisions, state implementations, the legality of THCA flower, Ohio’s regulations, and ongoing legislative developments:
• 2018 Farm Bill and Hemp Legalization
The 2018 Farm Bill removed hemp from the federal list of controlled substances, effectively legalizing its cultivation and production nationwide. Hemp is defined as the plant Cannabis sativa L. and any part of that plant, including seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis.
• State Implementation of Hemp Programs
Following the federal legalization, states were authorized to develop their own hemp cultivation and production plans, subject to approval by the U.S. Department of Agriculture (USDA). These state plans had to include procedures for tracking land used for hemp production, testing THC levels, and disposing of non-compliant plants. Some states continued operating under the pilot programs established by the 2014 Farm Bill, while others developed new programs in line with the 2018 provisions.
• Legality of “THCA Flower”, or Type 1 Hemp
Tetrahydrocannabinolic acid (THCA) is a non-intoxicating cannabinoid found in raw cannabis plants. When heated, THCA decarboxylates into delta-9 THC, the psychoactive component associated with marijuana. The 2018 Farm Bill’s definition of hemp is based solely on delta-9 THC content, not accounting for THCA levels. This has led to interpretations that THCA-rich hemp flower is legal, provided the delta-9 THC content does not exceed 0.3% on a dry weight basis. However, this interpretation is contentious, and some legal experts caution against assuming THCA flower is universally legal, as state regulations may vary.
• Ohio’s Hemp Regulations and Importation
In Ohio, hemp and hemp products compliant with the 2018 Farm Bill are legal. The Ohio Department of Agriculture oversees the state’s hemp program, ensuring products meet safety and compliance standards. Individuals and businesses do not need a license to sell hemp or hemp products, including CBD oil, but such products must adhere to Ohio’s food safety standards and be inspected accordingly.
• Proposed Legislative Changes
Federal Level:
As of 2024, Congress is considering amendments to the 2018 Farm Bill to address ambiguities and loopholes, particularly concerning intoxicating hemp-derived products. The rise of products containing psychoactive cannabinoids, such as delta-8 THC, has prompted discussions on stricter regulations to prevent unintended consequences of hemp legalization.
Ohio State Level:
In Ohio, legislation has been introduced to regulate or ban intoxicating hemp products. For instance, Senate Bill 326, introduced by State Senator Steve Huffman, aims to define and prohibit “intoxicating hemp products,” setting specific THC limits per serving and package. This bill reflects growing concerns about the availability of psychoactive hemp-derived products in the market.
Conclusion
The 2018 Farm Bill’s legalization of hemp has led to a complex regulatory environment, with variations at both federal and state levels. While hemp and certain derivatives are legal under federal law, products like THCA flower occupy a gray area subject to interpretation and state-specific regulations. In Ohio, compliant hemp products can be imported and sold, but ongoing legislative efforts may impact the legality of certain items, especially those with intoxicating effect's.
OUR LETTER TO THE OHIO STATE LEGISLATURE (SB 326):
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Hello members of the committee,
Peter LaFontaine, on behalf of The Fountain Cannabis Company LLC in Batavia, Ohio. As a local delivery hemp vendor, I wanted to give my second input after reviewing the inputs of the proponents and those opposing the bill from the last several meetings held. I am finding inputs from parties that have nothing to gain if the bill fails BUT big financial gain if the bill does pass, meanwhile others get to keep their financial security if the bill fails and MUCH to lose if the bill passes. We have to have support for our small businesses and as long as the Ohio Cannabis Control is aligning with the interests of the few parties monopolizing the state's cannabis industry then there cannot be any compromise without acknowledging this fact. I wanted to bring forward a means of compromise based on facts and science and not from what we think is going on from what you hear on social media. We need to acknowledge that this issue is much bigger than a state level issue with poor wording on the part of Congress with the 2018 Hemp Farm Bill. As someone who believes heavily in cannabis, I also believe that there needs to be safeguards put in place to prevent these products from getting in the hands of people under the age of 21. I do have plans to reach out to Congress on the type of language they need to use revolving around cannabis and the science behind it. We need to be very careful of any special interests behind SB 326 and its true intent. There is currently a war between the “hemp” and “marijuana” industries throughout the country. This is all due to the poor language used in the 2018 Hemp Farm Bill when it comes to cannabis. I can lay out many reasons this bill should not pass or be amended. One example of the damage this bill can cause is removing the access to CBD dominant strains and products. The state of Ohio has a medical program, which now’s accessible for recreational purposes, but as a medical program the one thing all these companies have failed to do is make available CBD dominant strains and products. This is all due to financial reasons, incentives, and the way the day allowance system is structured within the program. Passing this bill won't even put a guarantee to a segment of cannabis users, especially for medical reasons, that they will have more access to CBD dominant products and strains. We need to make a hemp industry in the state of Ohio that is safe and based on natural components of the plant. Where I break off with many other companies such as mines is that a ban or regulation of “alternative” cannabinoids needs to be done for the safety of the community. Scientists are ahead of the game when it comes to studying natural cannabinoids, but not these semi-synthetic and synthetic cannabinoids such as Delta-8 THC, HHC, THC-P, and so on. We have companies creating new cannabinoids by slightly modifying the natural ones to create ones they can call hemp-derived. As a society we have an idea of what long term use of natural cannabinoids directly from the plant may cause, but not these new invented ones.
My company as an example focuses only on naturally occurring cannabinoids such as THCa (THC), CBDa (CBD), CBGa (CBG), CBN, THCV, CBC, and CBT. We do not involve ourselves with Delta-8 THC, HHC, THC-P, and more recently created ones. You have ones such as THC-P that are actually much more potent than the naturally occurring delta-9 THC. After reviewing the proponents of the bill which included large cannabis corporations and regulatory bodies advocating for enhanced oversight in response to public health concerns related to unregulated products entering the market. They argue that comprehensive regulation is essential for protecting consumers from potentially harmful substances. The bill disproportionately favors large corporations at the expense of small farmers, producers and business owners. We need to increase consumer education, not change existing standards, and stop overlooking the economic viability needed by these hemp businesses owners. If there is concern about a particular cannabinoid on the market it needs to be isolated and addressed individually as a compound. In this case, it seems to lead to alternative cannabinoids which are separate from naturally occurring cannabinoids. It is essential to understand the scientific principles and factual information relevant to the language you choose when drafting a bill, as this knowledge is crucial for effective legislation. Until the science of cannabis is clarified in a more clear manner to lawmakers I have to oppose this bill as it currently is.
Thank you for your time,
Peter Anthony LaFontaine (Owner)
The Fountain Cannabis Company LLC
thefountaincannabiscompany@
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SB 56 SUBMITTED TESTIMONY (02/24/25)
Members of the Senate General Government Committee, Thank you for
the opportunity to speak before you today.
I am here to speak to you as an opponent to SB 56, a regression on Issue
2, which passed with a majority of Ohioan's wanting legal cannabis . We
cannot speak about SB 56 without addressing the flaw in our federal
governments position on the legality of cannabis. As a society, we are
suppose to move forward rather than backwards with our policy.
SB 56 talks about a consolidation of the Cannabis Control Program.
Medical patients need to be prioritized over recreational users with
separate rules in place and not be placed into the same basket especially
in terms of consuming in public a vape. We still as a society feed off false
narratives and data regarding cannabis. The medical program needs to be
treated with more respect for its values. SB 56 undermines the voters of
Ohio. Overriding laws on a micro level is outrageous and this approach to
discreetly overriding laws needs to be reviewed by an Ethics committee.
This bill is prepared to throw people into jail for consuming in public,
something more Ohioans do than you think. Or do you know? If so, this
would touch on a major subject here in the United States called
Recidivism and the profiting off private prisons and jails. The re-
incarcerating of individuals including for petty crimes. One example of this
is of a particular county in the state of Florida, that when I lived there,
would incarcerate individuals for open container which would be a $100
fine, or as an alternative a 1 day in jail sentence. For federal funding they
would target the homeless who couldn’t pay the fine. With SB 56 we have
an underlying social issue that seems to be like a cancer and won’t go
away. Having history of being incarcerated 15 years ago, I used that time
to reflect on many things but also educate myself in some law, history,
geopolitics. When cannabis improved my life slowly I started to attend
college more frequent than before after gaining easier access to cannabis.
I eventually received my Associates of Applied Science in Audio/Video
Production Technology. I have plans to return to school for an Ed.D in
Urban Leadership later down the future with education in cannabis that
would benefit me internationally in places like Canada as well.
Reducing home cultivation limits without sufficient scientific knowledge on
how the genetics of the cannabis plant works, which was demonstrated in
his speech speaking on how many joints a plant makes, is blatant
legislative arrogance. People in the cannabis community seems to always
deal with people who have the Dunning-Kruger Effect. Using informationthey learned from the 1900s from bias sources running rampant at that
time. Regulatory overreach with cannabis, under reach when it comes to
guns. What stuns me is I live in a society where people are eager to handle
weapons of war, but would half of them be even prepared to be in such a
scenario. People need to appreciate the level of peace we are able to keep
in our democracy. So if we are speaking about public safety, hypocrisy is
right there. Cannabis is not brought into schools to commit mass murder.
What do you think is?…
When it comes to setting limits on THC, lets not fool ourselves. As
someone who owns a hemp company, I know very well that any individual
could purchase 99% THCa isolate, decarboxylate it to active THC and use
it at incredibly high levels. You will create a black market. A new one at
that.
Prohibiting cannabis sharing is a personal attack. You are trying to
effectively isolate cannabis users on an island from being able to socialize
with other people and do the same things people do when they drink, but
safer. You allow the sharing of a cancer causing chemical, alcohol,
meanwhile you prohibit the transfer of a plant between two responsible
adults. I do not want to even get into the poor legislation around
caregiving for patients by growing for them, making products for them,
and so on.
Removing social equity and jobs programs is another example of how
there is an agenda by someone linked to one of you we have in this office
today representing us. An agenda to make money off incarcerating
individuals. Money off the recidivism rate in this country. And who else
better to target than people who use cannabis. Targeting a minority soon
to be majority in the future. You know what countries have governments
that target minorities? Iran, Russia, Syria (including history with the new
administration), Sudan, and the list goes on. Why do we want to be like
any of them? Why do we have certain members of office with ambitions to
have their own security of power at the expense of others.
So as I come before you today, I want to let it be known that we should all
firmly oppose this bill, SB 56. I also want to briefly address SB 326 in
connection with public safety. There needs to be a compromise on
products containing “alternative” (aka synthetic) cannabinoids derived
from hemp for the purpose of public safety but protections for naturallyoccurring cannabinoids such as THCa, CBD, CBN, CBG, and so on. There
are an array of minor cannabinoids documented.
Thank you for your time,
Peter A. LaFontaine, owner
The Fountain Cannabis Company LLC