A Quick Dab — Ohio Seeks to Codify Legal Delta-8; Proposed Rule Hearing Set for Jan. 18

January 14, 2022

The Ohio Medical Marijuana Control Program (MMCP) recently filed proposed rule updates with the Joint Committee on Agency Rule Review to begin the legislature’s rule-review process.

MMCP will conduct a public hearing regarding certain rule amendments on Jan. 18, 2022, at 1 p.m. at the Riffe Center, 77 South High Street, 19th Floor, Room 1952, Columbus, Ohio 43215.

One of the proposed changes adds a definition of Tetrahydrocannabinol (THC) and updates the definition of THC content to specifically include delta-8 THC and other isomers of THC for the purpose of clarifying how THC isomers and analogs are treated. Other proposed amendments update the packaging, labeling and testing rules to reflect the definition changes. Information on all proposed changes can be found on the MMCP web page.

The proposed definition of Tetrahydrocannabinol/THC is as follows:

“Tetrahydrocannabinol” or “THC” means all naturally or artificially derived tetrahydrocannabinols, or any structural, optical or geometric isomers, or analogs of tetrahydrocannabinols. This includes, but is not limited to, Delta-1 tetrahydrocannabinol; Delta-6 tetrahydrocannabinol; Delta 3,4 tetrahydrocannabinol; Delta-8-tetrahydrocannabinol; Delta-9 tetrahydrocannabinol; Delta-10 tetrahydrocannabinol; and any other cannabinoid that the Department determines to have an intoxicating or psychoactive effect.

As highlighted in previous updates, states are taking very different approaches to delta-8. It is imperative to understand each state’s rapidly changing regulatory landscape for delta-8 products.

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