Ohio’s SB 266 Puts Hemp Access at Risk
On September 16, 2025, Ohio lawmakers introduced Senate Bill 266 (SB 266), “Regards the sale and testing of intoxicating hemp products.
If passed as written, this bill could severely restrict access to hemp-derived products in Ohio, threatening small businesses, consumer choice, and patients who rely on these alternatives. Time is short. Lawmakers are moving quickly, and the hemp industry cannot afford to sit back.
Quick Action Link - Send a message to senators now
What SB 266 Means in Plain Terms
It sets limits on hemp products with THC. Anything considered “intoxicating hemp” (like delta-8 or hemp-derived THC gummies and vapes) would face strict new rules.
The state Department of Commerce would be in charge. They’d control how these products are tested, labeled, packaged, and sold.
Stores would need special licenses. Not every retailer could sell hemp products anymore.
Testing and packaging rules would tighten. Products would have to go through new testing requirements, and packaging/labeling would change.
Age limits are likely. While the first draft doesn’t spell it out clearly, lawmakers are expected to require sales only to people 21 and older.
Ohio has been one of the most challenging battlegrounds for hemp in the country. In fact, this is one of a handful of legislative session in less than two years where bills have been introduced that could eliminate hemp products entirely. Each time, hemp businesses and consumers have had to mobilize to keep access alive. SB 266 is just the latest attempt and unless it is fixed, it could do lasting damage.
Where Lawmakers Get It Wrong
One of the most troubling parts of SB 266 is the way it defines cannabinoids. The draft language sweeps nearly every form of THC under the umbrella of “tetrahydrocannabinol,” including compounds with the, “tetrahydrocanna-" prefix that are very different from delta-9 THC. It lists delta-8, delta-10, THCP, THCV, HHC, and others as if they all have the same effects.
This shows a basic misunderstanding of cannabinoid science. For example, THCv is non-intoxicating and does not pose any of the same risks as Delta-9 THC. Instead, research suggests it may provide benefits for energy and focus. By lumping THCV in with intoxicating cannabinoids, lawmakers risk banning a compound that could help people while doing nothing to improve safety.
The language in SB 266 demonstrates how little lawmakers currently understand about cannabinoids. By trying to cover every chemical name and isomer without regard to actual effects, they are creating a sweeping definition that could wipe out innovation, research, and consumer choice. Ohio hemp businesses have seen this pattern before: repeated attempts to legislate hemp out of existence, session after session.
The reality is that the bill could be made positive with relatively minor changes. As one advocate put it, “This is the fifth or sixth session in a row they’ve tried to kill us off in less than two years. But with a few definition fixes, SB 266 could be turned into workable, science-based law.
What’s Missing Right Now
Reasonable potency levels. The bill does not allow standard adult-use serving sizes. Instead, the thresholds are so low they would wipe out most edibles and drinks.
Equal treatment for all product types. The bill doesn’t make clear if edibles, vapes, and tinctures will follow the same rules.
Fair enforcement rules. It doesn’t explain what happens to businesses that make a mistake versus bad actors who break the law repeatedly.
Where products can be sold. It’s not clear if hemp will stay in retail stores or be limited only to dispensaries.
While SB 266 as written is problematic, it does have the potential to be modified into positive legislation. With a few key changes, especially adjusting definitions and setting reasonable standards, lawmakers could strike a balance between safety, consumer access, and economic opportunity.
A Smarter Path Forward
Ohio can regulate hemp responsibly without destroying the industry. Key improvements lawmakers must adopt:
Higher mg per serving and per package requirements: Adopt standards used in many other states, protecting both consumers and the market.
Certified lab testing: Require accredited labs and transparent results for every batch.
21+ with ID verification: Keep products away from minors while protecting responsible adult access.
Child-resistant, transparent packaging: Clear THC content per serving and package, no candy-like branding, and mandatory warnings.
Fair retail channels: Allow licensed, regulated retailers to sell hemp products instead of pushing consumers to the illicit market.
Columbus, Ohio. State Capital Building.
Why This Matters
Hemp in Ohio supports farmers, small businesses, and patients. A restrictive SB 266 could:
- Eliminate hundreds of small businesses overnight.
- Cost thousands of Ohioans their jobs.
- Force consumers back to unregulated, unsafe markets.
This bill isn’t just about regulation. It’s about the survival of an industry that Ohioans depend on for health, wellness, and economic opportunity. This isn’t the first time Ohio lawmakers have tried to dismantle the hemp industry, and it may not be the last. But if enough people speak up, SB 266 could be transformed into fair, workable policy rather than a backdoor ban.
Take Action Now
SB 266 is moving right now. If you are a consumer, patient, or small business owner, you need to make your voice heard.
AHAA will continue tracking SB 266 and fighting for policies that protect both consumer safety and small business survival. But lawmakers need to hear directly from you.
Your action can make the difference.
Use this form Send a message to Senators Now
Stay Tuned
Beyond action today, we need an active community.
For full bill text and updates, see the SB 266 page on Ohio.gov.
For updates on other states, see AHAA's U.S. Policy Map.