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 HOUSE:
Hello,
My name is Peter LaFontaine. I own The Fountain Cannabis Company LLC, a local delivery hemp based online store. I wanted to reach out concerning SB 326 and its purpose to ban intoxicating hemp. As a daily cannabis user since December 2012, over the years I have become extremely educated in cannabis as a plant species. Currently we have the 2018 Hemp Farm Bill by Congress which states that all hemp is cannabis that is 0.3% or less Delta-9 THC. I wanted to point out that Congress wrote the bill using inaccurate language surrounding the cannabis plant and the different types of genetics particular strains dominant in certain cannabinoids can have. To make a measurement to determine if a strain is “Hemp”, or what I see Congress is attempting to do is see if a strain is dominant in CBD with minimal THC. Using the language “Delta-9 THC”, rather than “Total THC” has caused what people call a “loophole” around cannabis. We need to regulate cannabis as is and stop putting these political terminologies to the plant that can make it federal legal or federally illegal. I believe that the Ohio State House needs to place its focus on banning alternative cannabinoids such as Delta-8 THC. As a hemp based business, we do not sell any type of alternative cannabinoids including delta-8 THC, THC-P, delta-10 THC, HHC, THC-O, HHCP, Delta-6a10a THC, HHC-O, and more emerging new ones coming out as time continues without any type of regulation. The Ohio State House needs to put protections on naturally occurring cannabinoids such as CBD, CBG, CBN, delta-9 THC, THCa, THCv, CBC, CBT, along with other minor cannabinoids. These are cannabinoids that the cannabis plant with all the variations of genetics may contain. People might try to say delta-8 THC is natural, but the forms being sold are “semi-synthetic” versions of this cannabinoid. The cannabis plant produces delta-8 THC in negligible amounts that are so minuscule it will have absolutely no effect on you. Companies run an chemical isomerization process on CBD or delta-9 THC to make delta-8 THC. My company does not view this safe and is one of the few companies that only focus on naturally occurring cannabinoids in our products.
Hemp is cannabis. Marijuana is cannabis. Cannabis that gets a user high is high in THCa, the precursor to delta-9 THC. (THCa % • 0.877+ active Delta-9 THC= Total THC). Due to the current way the federal bill is written, we carry flower rich in THCa but yet compliant because the active Delta-9 THC levels that the plant started to already produce converting from THCa is 0.3% or less. This is poor wording on the part of Congress. The legal equation that needs to be implemented by Congress is the following to make a determination if a cannabis strain is “hemp”. THCa % (• 0.877) + “active” delta-9 THC (this is THCa that has been exposed to heat (ex. The sun) and converted to active delta-9 THC)= TOTAL THC. For cannabis to be deemed as hemp, it should be <1% TOTAL THC. As long as Congress Is only focusing on the delta-9 THC that has been activated most likely by the sun, then we will never get an actual hemp industry with a focus on CBD and CBG strains.
Non-psychoactive strains that are shown to have health benefits.
The FDA has Epidiolex (CBD) approved for medical use, making more CBD flower accessible is something the federal government can start on and Ohio can be the leading example in this. In dispensaries ran by the state, you do not have any CBD dominant strains. They only focus on strains high in THCa. This is really shameful because as a medical program, they should have lab tested CBD flower available for patients. This can even potentially reduce patients driving after using flower that is THCa dominant. Whenever I drive, I use CBD flower with almost no THCa. It does not get you high but it reduces a lot of symptoms I have from autism. As a person with three jobs, including my company, I need to be clear minded most of the time and need a form of cannabis that is non-psychoactive. We need regulation for a hemp industry to thrive with access to CBD flower. I believe the day limits patients receive will deter patients from buying CBD flower from the dispensary when they can get it online or at a local smoke shop.
Our key goals:
• To leave edibles containing <0.3% THC per dry weight legal and accessible.
• Continue to allow the import of federally compliant products such as flower including those dominant in THCa unless Congress says otherwise.
• Redefine hemp under state law to be cannabis that it <1% TOTAL THC. This will distinguish psychoactive cannabis (marijuana) from non-psychoactive cannabis (hemp).
• Create separate licensing process for people who want to grow hemp as the state of Ohio defines it. Strains with Total THC <1%. These are strains that will not get a user high like flower dominant in THCa would. Make Hemp processing licensing more accessible by lowering pricing for licensing.
• Ban alternative cannabinoids (semi synthetic and synthetic cannabinoids derived from hemp)
•Create a separate market for hemp flower, and other hemp products to create dispensaries that carry CBD dominant products only, or merge this market with the current cannabis control with lower licensing costs than those for psychoactive cannabis plants.
Thank you for you time,
The Fountain Cannabis Company LLC
