DeWine was urging lawmakers to support a state Senate bill speeding up the legal sale of marijuana to prevent growth of the black market. The House has yet to take up the measure. Under Issue 2 as passed by voters, the legal sale won’t be possible until mid-2024.
In the meantime, Best Buds Depot, located at 4644 Salem Ave. and formerly named Goldwasser Smoke and Vape, continues doing brisk business — though it’s unclear exactly what they’re selling.
Trotwood police earlier this year investigated the business, and found products that were legal even before the law change because they contain less than .3% THC — the ingredient in marijuana that gets you high. But the company advertises products with THC levels 76 times that.
Manager Jake Flannagan said the store’s merchandise is generally the same now as it was prior to the Nov. 7 election, with smoking devices, gummies, juices, and bud all available for sale to anyone over the age of 21 with a state-issued I.D. No medical or recreational user card required.
Best Buds was bustling on the afternoon of Dec. 8, just over 24 hours after Issue 2 went into effect, with a steady flow of customers coming in and out and a constant line formed at the counter. Multiple signs around the store read: “All products are being sold for educational purposes only” and “All products are 2018 farm bill compliant.”
Hemp or marijuana?
The 2018 Farm Bill removed hemp from the list of controlled substances, categorizing it instead as an agricultural commodity and thus changing the legal framework around the sale of hemp and hemp-derived products.
While hemp and marijuana come from the same cannabis sativa plant and both contain delta-9 THC, the chemical compound most commonly attributed to the psychoactive intoxicating effects associated with marijuana, hemp contains less than 0.3% delta-9 THC.
Products for sale at Best Buds, including dry “flower” in sealed bags and other offerings like bottled “Goofy Juice,” are packaged with warning labels that indicate the products are 2018 Farm Bill compliant and contain less than .3% delta-9 THC per dry weight.
Each package also states: “This product is being sold for research and educational purposes only.” The bottle of Goofy Juice comes with an additional warning: “Do not consume.”
But on Facebook and in person, employees advertise the ability to do “live THC testing” of available products in front of customers, vouching that what they offer is the “real deal.”
A test completed by Flannagan on Dec. 8 gave an electronic result indicating a sample of store product had a total THC content of 23%, more than 76 times the amount allowable in accordance with the Farm Bill and an apparent contradiction to the shop’s product packaging.
On social media, the shop posts photos of packaging that says “THC: 25%.” They are insistent their product does not contain delta-8 THC, which is a hemp-derived compound that is legal and less potent than delta-9.
In response to direct questions about whether the product is legitimate marijuana, the answer from Best Buds is murky, with employees saying the merchandise is “legit,” but stopping short of calling it marijuana.
According to Flannagan, terms like “bud” and “flower” are OK, but the “M-word” is a hard no.
“Under the rec laws, you can’t (call it marijuana) and, technically, it isn’t,” he said, reiterating that the product and how it’s packaged and advertised is compliant with current laws and regulations. “The government has established an order that is put in place with words and those words are very descriptive in the established law. But the understanding of those laws and the established wording is not known throughout the public, so it’s extremely complicated.”
‘Throwing up a smokescreen’
According to information obtained from city of Trotwood officials, while investigating a report of breaking and entering in February at Best Buds Depot — then known as Goldwasser Smoke and Vape — Trotwood police observed what appeared to be marijuana.
Through a subsequent investigation involving the Drug Enforcement Administration, Bureau of Alcohol, Tobacco and Firearms, and the Ohio Board of Pharmacy, the product was determined to be a hemp derivative containing delta-9 THC at a level below .3%, a substance that is legal to possess and sell in Ohio thanks to the 2018 Farm Bill.
Trotwood Chief of Police Erik Wilson affirmed that the product obtained by his department earlier this year was indeed hemp-derived delta-9 with a THC concentration of .3% or less.
“What we confiscated was delta-9 and it was in the proper packaging,” he said Wednesday, adding that any claim to the contrary may be misleading. “… My guess is (the business) is putting a smoke screen up about this to say, ‘I’m selling marijuana,’ but really it’s (hemp-derived) delta-9.”
Trotwood officials say the city has received multiple calls from concerned residents who are alarmed by the possibility of illegal activity occurring at the business. But Assistant City Manager Stephanie Kellum reiterated they have no proof Best Buds Depot is not following the law.
“At this point, we do not have proof of illegal activity, but our staff will remain vigilant in reviewing this business and any other Trotwood businesses to ensure compliance with federal, state and local laws/ordinances,” Kellum said via email Tuesday.
The road to legal sales
Flannagan said the store is not currently a licensed recreational marijuana dispensary, but that the shop’s management plans to take the steps necessary to become one.
“The store’s owner wants this kind of environment for everybody, to be compliant by the state and do what we can, but have the air that we have already established, which is that of peace and calm,” Flannagan said. “… I want to do everything I can to get everything fully legal and we’re going to continue business as usual in the meantime.”
It’s not clear when it will be legal to sell marijuana in Ohio. Issue 2 as passed by voters creates a regulatory system that won’t be in place for nine months. DeWine and the Senate are urging the House to pass a measure that would allow licensed medical dispensaries to sell months sooner.
Any reforms to Issue 2 have hit a temporary standstill as House Speaker Jason Stephens, R-Kitts Hill, highlighting the body’s priority of perfection over a quick fix, said no vote on any marijuana legislation will be held before lawmakers take a monthlong holiday break.
Flannagan said his goal is to help the store to become and remain a trustworthy source for a safe and legal product.
“I’ve heard horror story after horror story when it comes to people purchasing stuff off the street, or from the gas station, or going to a shady nightclub, and thinking everything’s chill,” he said. “I know everybody has their homie, everyone has their best bud or their weed man, and I don’t want to break those relationships, but I’m here to clean the (BS) off the plate, at least where I’m established and with the company I’m representing.”
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