What is delta-8 THC? Gov. Mike DeWine wants to keep Ohio kids from getting 'diet weed'

Gov. Mike DeWine on Wednesday urged Ohio lawmakers to limit the sale of delta-8 THC products that remain unregulated and produce a mild high for people who use them.

Holding gummies and cereal bars that resemble popular kids’ snacks, DeWine said young people can too easily buy delta-8 in gas stations or retail stores. His comments came over a month after Ohio's new recreational marijuana law took effect, which allows people 21 and older to buy and consume cannabis.

But unlike that program, delta-8 doesn't come with strict rules attached to sales − something the governor wants to change.

"I would be very happy to have it banned," DeWine said during a news conference. "This is up to the Legislature. If it is moved under the marijuana protocol, you wouldn’t see packaging like that. They couldn’t do that. It would be a plain wrapper. You couldn’t sell it to a child. So that would certainly be great progress, and I would be satisfied with that."

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What is delta-8?

Delta-8 is similar to the more common delta-9 THC − which produces the high from marijuana − but it earned the nickname "diet weed" for its weaker effects. It's typically synthesized from cannabidiol (CBD) found in hemp, a non-intoxicating type of cannabis that contains less than 0.3% delta-9 THC.

Ohio instructed medical marijuana dispensaries in 2021 to start testing for delta-8, but delta-8 products have otherwise gone unregulated in Ohio. The compound is legal federally under the 2018 Farm Bill because it comes from hemp, although over a dozen states have banned it. With no ban on the books in Ohio, products have popped up at CBD stores, wellness shops and even gas stations.

"We can actually take a perfectly legal plant, hemp, and very easily on your stovetop − with a recipe you can find on the internet, a little acid, a little heat − you can make a nice batch of delta-8 THC, which is just as euphoric and just as harmful as delta-9," said Gary Wenk, a professor emeritus of behavioral neuroscience at Ohio State University. "But it's perfectly legal because it comes from a legal source."

More: What to know about delta-8 THC

DeWine contends these products can be harmful, especially in the hands of kids and teenagers. There were 102 reported delta-8 poisonings last year, including 40 involving children under age six, according to data from the Ohio Poison Control Center. To illustrate the availability of delta-8, the Ohio Department of Public Safety sent two 15-year-olds to a gas station to buy gummies − and they had no problem doing so.

Retailers say only bad actors sell delta-8 to minors and use packaging that mirrors other trademarked products. Vapor Haus managing partner Chris Voudris said he would support formal age restrictions but argued an all-out ban wouldn’t solve the problem.

“We have so many adult customers who share the benefits of these products and how they make a positive impact on their lives,” Voudris said in a statement.

For weeks, the governor has urged the Legislature to act on delta-8 and separate changes to the recreational marijuana program. The Senate passed a bill in December that would require delta-8 products to be sold at dispensaries − which can only sell to adults 21 and older − but the House has yet to act on any marijuana legislation.

"We want to be very deliberative on what happens as far as legislation from the House is concerned on marijuana," House Speaker Jason Stephens, R-Kitts Hill, said earlier this month. "We strongly believe the people of Ohio have spoken and as we get into the details of the law that was passed by the voters, can some of those questions be addressed with rules? Are there really some of the holes in the law?"

DeWine said Senate Republicans are now working on a separate proposal to tackle delta-8.

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.

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This article originally appeared on The Columbus Dispatch: Ohio marijuana: Gov. Mike DeWine wants to crack down on delta-8 THC