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Ohio on board with regulating intoxicating hemp, but how remains unclear

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This story was republished with permission from Crain’s Cleveland Business.

Ohio is among a minority of states that have yet to regulate the sale of intoxicating hemp products, but there could be some growing momentum behind changing that.

These products include items like vape cartridges, edibles or gummy candies purportedly infused with compounds like Delta 8 THC extracted from legally grown hemp – the less intoxicating cannabis relative of marijuana – and THCA flower, all of which can be commonly found today at retail stores ranging from smoke or wellness shops to gas stations and purchased online.

Production of hemp, which is defined as having a concentration of less than 0.3% THC on a dry weight basis, was effectively legalized in the U.S. with the 2018 Farm Bill.

As Craig Schluttenhofer, a research associate professor at Central State University who specializes in hemp, explains, to make products with an intoxicating effect, manufacturers increase the volume of hemp-derived THC in those products to a level that could make the person using or consuming them feel a “high” that can be similar to the effects felt from marijuana.

Hemp-derived flower intended for vaping or smoking, meanwhile, often marketed as THCA flower, is a unique animal in its own right.

THCA is a compound – which can be extracted from hemp – that converts to THC once heated or combusted. But because current federal regulations do not consider THCA levels as a distinguishing factor between hemp or marijuana, these products exist in a legal gray area, enabling their sale by common retailers outside of the licensed marijuana industry.

Marijuana companies tend to want restrictions on intoxicating hemp because those products may undermine sales in their own industry, which is heavily regulated and intrinsically expensive to operate within.

The absence of relevant federal regulations or comparable state laws means that these intoxicating hemp products are not subject to the same testing and oversight compared to the licensed marijuana cultivators, processors and retailers.

There are also no age restrictions on these unregulated products, something that has been a concern for some lawmakers and Gov. Mike DeWine, who called for “quick action” to restrict the sale of intoxicating hemp to children nearly a year ago.

Jana Hrdinova, administrative director for the Drug Enforcement Policy Center at Ohio State University’s Moritz College of Law, which recently published a report with considerations for regulating intoxicating hemp in the state, feels like some regulations should be put in place to prevent minors from buying these products and to generally protect consumers as there presently no rules requiring hemp products to be tested to verify their contents or the presence of potentially harmful additives.

“At a minimum, we need to take care of the minimum age, and we need to take care of product safety, marketing to children and child-resistant packaging,” Hrdinova said. “To me, those are the basic four things the Ohio legislature needs to act on.”

Ohio is, in fact, behind on doing something here. According to the Reason Foundation, a California-based think tank, Ohio is among 21 states that don’t have some regulations on intoxicating hemp products. Those regulations vary by state and range from outright prohibition to regulating them similarly to marijuana.

“It is important that (intoxicating hemp products) stay out of the hands of minors, especially because, while we’re beginning to have some understanding of the long-term effects of THC, we don’t have that with these products,” Schluttenhofer said. “And it’s a very high risk for age groups that are still fundamentally developing physiologically as adults.”

There are currently four pieces of legislation in the Ohio statehouse aimed at regulating intoxicating hemp – two each in the House and Senate – but each varies in what they would accomplish.

One of those, Senate Bill 326, whose primary sponsor is Sen. Stephen Huffman, would outright ban the sale of intoxicating hemp in the state and set specific penalties for anyone caught selling the products to anyone younger than 21.

But Schluttenhofer cautions that an outright ban would have to be approached carefully as to not impact some other hemp-derived products.

“The challenge is, how do you balance (regulations) while – if they do decide to prohibit intoxicating products – not prohibiting some of these valid hemp products as well that people are buying and using for health purposes,” he said. “People don’t buy CBD products to get intoxicated, but for other health purposes.”

A group known as the Ohio Healthy Alternatives Association has voiced opposition to SB 326 based on concerns that it could impact small businesses and potentially result in the loss of some 20,000 Ohio jobs.

Not much is known about the OHAA, however. The organization seems to have only recently formed and has no website or readily available information about its purpose or members.

Crain’s reached out to the organization via email to learn more about it and request details around how it came up with its figures for potentially impacted jobs but has yet to hear back.

DEPC points out that there is “limited data on the intoxicating hemp industry in Ohio, though the Ohio Department of Agriculture reports that the number of farmers involved in hemp production is relatively small in the Buckeye State.”

And Schluttenhofer notes that while there are only a handful of hemp growers in Ohio, those who do grow the plant are primarily doing so for grain and fiber, not for the manufacturer of intoxicating products.

Whether any of the bills geared toward regulating intoxicating hemp gain traction before the end of this year, which will mark the conclusion of the current general assembly, is unclear.

“There are certainly competing interests in regulating hemp. You have a hemp industry and small businesses that sell hemp products, competing with a marijuana industry that sees themselves being undercut by intoxicating hemp products,” Hrdinova said. “But the thing I’m most concerned with is safety of products for anyone, whether 21 or 50 or 16. If you buy a product, it should be safe to use.”



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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