Haley BeMillerCincinnati Enquirer
- It's unclear what the future holds for unregulated hemp and CBD stores
- Senate Republicans introduced legislation last week that allow only adults 21 and older to buy "adult-use hemp products" containing at least 2.5 milligrams of THC per serving
Jake Flannagan isn't big on labels when it comes to his cannabis products.
The manager of Best Buds Depot in Trotwood, near Dayton, said the store doesn't sell marijuana because it's not licensed to do so. Nor does it claim to offer hemp or delta-8 THC. The packages for gummies and pop rocks simply say they contain THC.
"I think their classifications and what lawmakers have put into place is just a way for them to make a lot of money, period," Flannagan said. "We're not trying to make money. We're trying to provide product and help people."
Best Buds has been the target of police investigations, and Gov. Mike DeWine cited the store as an example of "brazen" attempts to mislead Ohioans after they voted to legalize recreational marijuana in November. While a notorious example, they aren't alone: For years, businesses have taken advantage of a loophole in federal law to sell hemp-derived cannabis products that can have the same effects as typical marijuana.
Now, an active, regulated marijuana market is on the horizon. Medical cannabis operators that want adult-use licenses can apply starting Friday. Once dispensaries get the stamp of approval, they could open their doors for recreational consumers any day.
Proponents of the adult-use marijuana program want to see it stamp out the gray market. Without changes to state law, however, they believe Ohioans will continue flocking to stores that offer easy access and cheaper products.
"If you walk by a corner store and it happens to be convenient ... that becomes a pretty compelling thing for consumers," Firelands Scientific CEO Jeff McCourt said. "It kind of muddies the water in terms of understanding."
Delta-8, THCA and more: How gray market products are sold in Ohio
Hemp became legal nationwide under the 2018 Farm Bill, well before Ohio voters approved Issue 2 last November. The law defines hemp as cannabis with no more more than 0.3% delta-9 THC on a dry-weight basis. Delta-9 THC is the compound that produces the high from marijuana.
Getting people buzzed was not the goal of the Farm Bill.
Backers were eager to unlock the potential of industrial hemp, which can be used to make textiles, rope, oil and beauty products. It also opened up the market for CBD, a compound found in hemp that some use to alleviate anxiety, pain and other ailments.
"An awful lot of hemp growers were looking for a place to sell their product and get some return on it," said Doug Berman, executive director of the Drug Enforcement and Policy Center at Ohio State University.
It didn't take long for people to get creative and find gaps in the law. Enter delta-8, a synthetic compound derived from CBD that produces a mild high − earning it the nickname "diet weed." State officials say these untested products are being marketed and sold to children, with labels that resemble candy or cereal.
Delta-8 isn't the only gray market product being sold in Ohio and across the country.
One Cincinnati store is openly selling and offering delivery for THCA flower, which becomes delta-9 THC when heated. Businesses also found a way to sell pungent delta-9 edibles despite the limitations under the Farm Bill. A 2023 study from the Journal of Cannabis Research explained it this way: A gummy that weighs 10 grams and contains 0.3% THC ultimately contains 30 milligrams of THC, but it's still considered legal.
"That is the loophole that now allows real delta-9 to be in hemp products and exceed what you find in a dispensary," said Joe Brennan, owner of Columbus Botanical Depot.
'I have no desire to become a dispensary'
Brennan said the store primarily focuses on CBD, but it also sells THCA − sometimes called hemp flower − and THC edibles. He said they used to carry delta-8 but moved away from it after more delta-9 products became available.
Brennan said Columbus Botanical Depot's mission is to help consumers embrace the medical benefits of cannabis. He said he's "not here to serve a buzz" − and he's definitely not interested in joining the state-regulated industry.
“I have no desire to become a dispensary," Brennan said. "I have no desire to jump through the hoops of the Ohio medical association. I’m not doing any of that. This is a natural plant that should not be monopolized. It should not be exploited for financial gain.”
It's unclear what the future holds for unregulated hemp and CBD stores. Senate Republicans introduced legislation last week that allow only adults 21 and older to buy "adult-use hemp products" containing at least 2.5 milligrams of THC per serving. The bill also includes changes to the recreational marijuana law, which could slow passage or kill it altogether.
In the meantime, marijuana operators hope Ohioans will come to appreciate a regulated industry.
“I believe there are some very principled store owners that sell hemp-derived THC products and CBD-only products," Buckeye Relief CEO Andy Rayburn said. "But I believe they are in the small minority of the thousands of gas stations, convenience stores and smoke shops that are not at all concerned with the contents of what they are selling."
Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
