In 2018, the Agriculture Improvement Act, commonly known as the 2018 Farm Bill, was enacted, removing low-dose cannabis plants from the Controlled Substances Act by defining hemp as cannabis with no more than 0.3% delta-9 THC on a dry weight basis.
This bipartisan legislation established a clear legal framework for hemp-derived products, enabling the emergence of a new consumer category—low-dose hemp-derived THC beverages.
I’ve coined the term “MAGAjuana” to describe this phenomenon, reflecting the bipartisan coalition that supported hemp legalization—leading to a thriving national market for low-dose, responsibly regulated THC beverages.
The Rise of Low-Dose THC Beverages
Since the passage of the farm bill, states have taken different approaches to regulating hemp-derived THC products. Some, like Minnesota, have embraced a structured regulatory framework that allows the sale of low-dose THC beverages (up to 5 mg per serving) in general retail settings, including bars and restaurants.
Minnesota 2022 Law: Minnesota set the standard for integrating hemp-derived THC into mainstream retail while ensuring product safety, testing and responsible consumption. Just two years in, the market has already generated over $200 million in sales, showing the economic potential of a well-regulated system.
Missouri SB 54 – Pending: Missouri lawmakers have proposed a bill to allow up to 5 mg THC per serving in retail stores, while keeping higher-dose products in dispensaries. If passed, Missouri would adopt a hybrid approach, recognizing the public demand for THC beverages while maintaining a regulated marketplace.
Low-dose THC beverages are gaining popularity as an alternative to alcohol, creating economic opportunities for bars, restaurants and retailers while providing consumers with new social and wellness choices.
Kentucky SB 202: This state bill is a more balanced regulatory approach. While Ohio’s HB 160 seeks to heavily restrict low-dose hemp-derived THC beverages, Kentucky is moving in a different direction. The Kentucky Senate recently passed SB 202, a bill that creates a regulated market for cannabis-infused beverages with clear licensing requirements.
Key provisions of Kentucky’s SB 202 includes:
- Legalizes cannabis-infused beverages with up to 5 mg THC per serving
- Implements a three-tier distribution system, similar to alcohol regulation, requiring licensed manufacturers, distributors, and retailers
- Restricts sales to package liquor stores in wet territories only, banning sales in bars, restaurants and grocery stores
- Requires licensing and regulation by the Department of Alcoholic Beverage Control
- Mandates a study by the University of Kentucky Cannabis Center on the safety, distribution, and effects of cannabis beverages
- Includes an emergency clause, making it law upon the Governor’s signature.
Ohio HB 160 is Ohio’s move to shut down low-dose THC beverages. While Kentucky is creating a structured regulatory framework for cannabis beverages, Ohio is moving toward prohibition. HB 160, recently introduced in the Ohio House of Representatives, proposes severe restrictions on hemp-derived THC products, effectively eliminating the state’s emerging low-dose cannabis beverage market.
What HB 160 Would Do:
- Caps THC content at 0.5 mg per serving and 2 mg per package, making current low-dose THC beverages illegal overnight
- Repeals Ohio’s existing hemp laws (Chapter 3780) and consolidates regulation under Chapter 3796, treating hemp-derived products the same as marijuana
- Restricts THC beverage sales to licensed dispensaries only, removing them from bars, restaurants, and general retail stores
- Introduces new taxes on adult-use cannabis, signaling a broader move toward state-controlled cannabis sales while eliminating hemp-derived competitors.
If passed, HB 160 would end Ohio’s low-dose THC beverage market before it fully develops, cutting off small businesses, farmers and retailers from participating in one of the fastest-growing consumer industries in the country.
HB 160 would shut Ohio out of a global market shift
Beyond local economic impact, restricting low-dose THC beverages will have ripple effects on Ohio’s alcohol industry, bars and restaurants.
American alcohol brands are being removed from Canadian stores due to the growing U.S.-Canada trade war, making domestic growth strategies more critical. Cannabis beverages are an emerging revenue stream that alcohol companies and hospitality businesses need to offset lagging beer and liquor sales.
Restricting these products in Ohio closes doors for bars, restaurants and alcohol companies seeking to compete in a rapidly evolving market.
Ohio needs a balanced approach. The 2018 Farm Bill created a clear legal framework for hemp-derived products, and many states are taking measured steps to ensure product safety while supporting economic growth. HB 160 does not enhance consumer protections—it restricts retail access to low-dose THC beverages while favoring dispensary-only sales, even though Ohio’s state-licensed cannabis businesses already have the ability to produce and sell these products using cannabinoids derived from cannabis plants within the regulated supply chain.
Instead of imposing unnecessary restrictions, Ohio should consider a balanced approach that:
- Ensures consumer safety through testing and labeling
- Maintains retail access to responsibly regulated low-dose THC beverages
- Supports both dispensaries and general retail in providing consumer choices
The future of MAGAjuana in Ohio
Ohio is at a crossroads. It can embrace the growing market for low-dose THC beverages, supporting small businesses, economic development, and consumer choice—or it can pass HB 160 and shut down an industry that is flourishing in other states.
The 2018 Farm Bill set the stage for regulated hemp-derived products, and Ohio’s response will determine whether it moves forward with the national market—or gets left behind.
By contrast, Kentucky’s SB 202 provides a model for regulated cannabis beverage sales, striking a balance between market opportunity and oversight. If Ohio continues down the path of HB 160, it risks ceding market leadership to its neighbors and shutting out local businesses from a billion-dollar industry.
