The Ohio Medical Marijuana Control Program (MMCP) published guidance last week on new regulations for Delta 8 in medical marijuana products.
The guidance covers everything from production to distribution and the sale of medical cannabis products containing delta 8.
The new regulations require the industry to tell MMCP when delta 8 will be used and provide information about how it complies with the state code. They also require distributors and producers to count delta 8 THC towards a product’s total THC limit. According to the MMCP, packaging, and labeling will need to include “delta-8 THC” moving forward.
The final two regulations require producers and distributors to maintain records of the supply chain for delta 8. Finally, they will need to include delta 8 in testing by cultivators, processors, and testing labs.
Push Back From Advocates
After MMCP posted the rules, they received early pushback. Advocates are saying that the regulations do not address products that already arrived at dispensaries. Another complaint is that the new laws appear to make changes that typically require a longer rule-changing process.
In response to the pushback, a spokesperson responded, “MMCP will be providing additional guidance in the future.”
The changes from MMCP don’t directly impact delta 8 sales outside of Ohio’s Medical Marijuana Control Program.
Regulating Delta 8 in the Future
The new rules do not impact how retailers can sell delta 8 outside of the state-run dispensaries. However, Governor DeWine’s spokesperson said that Ohio is considering additional delta 8 regulations in the future.
At this time, he says Ohio is taking into account all available options. Either through new laws or through other steps short of lawmakers.
He also notes that creating the Medical Marijuana Control Program prevents the Ohio medical marijuana program from being used as a stepping stone towards legalizing recreational marijuana in the future.
Nevertheless, data from the Pew Research Center suggests that two-thirds of Americans support the legalization of marijuana. Ohio advocates believe that a ballot initiative would likely legalize recreational marijuana in Ohio without going through the governor.
In addition, for the first time, two Democrat representatives are introducing a bill to federally decriminalize all drugs in Congress on June 15.
So as long as one of the initiatives is successful, Ohio will, at the very least, not face criminal penalties for cannabis use.
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