A push to significantly restrict the sale of THC products in Indiana failed this legislative session.

Some lawmakers say that's left the state with few guardrails to keep minors from accessing intoxicating drinks.

Regulating THC was top of mind for lawmakers this session, with Senate leaders saying they wanted to stop children from being able to access products available through a loophole in a 2018 federal farm bill.

On the final day of the session, Senate President Pro Tem Rodric Bray (R-Martinsville) lamented that the House and Senate couldn't reach an agreement.

"We're going to have to stay on it, but it's not just as simple as saying we're going to make it illegal for people under 21," Bray said. "We have to have a grander conversation about whether these products are available for people over 21."

Small businesses argued that THC drinks have become big business, and the bill would have amounted to a ban, shutting them down.

Bill author Sen. Aaron Freeman (R-Indianapolis) said the proposed legislation could have made a difference.

"Vastly disappointing to me that we were not able to act this year," he said. "Particularly heartbreaking that any Indiana child can walk into almost any convenience store and buy these substances."

Freeman said, beyond the business of this issue, he worried some lawmakers would like to see marijuana legalized altogether.

"I disagree with that premise," Freeman said. "However, it is inconceivable to me that 150 people and the governor of Indiana cannot arrive at the scenario where we can at least say kids shouldn't be using this stuff."

Many business leaders say they are ok with regulation, particularly to keep drinks out of the hands of people younger than 21. But they don't want to see THC products banned altogether.

Robert Theodoro is the owner of Generation NA, in Lafayette, Indiana. His non-alcoholic bottle shop sells many of the products lawmakers are worried about.

"They pitched the bill as regulation, but us that are in the industry knew it was a ban," he said. "It would have closed our doors."

Theodoro said the efforts to regulate or ban THC products have repeatedly put his business in a precarious place. He ultimately wants to educate people on THC products.

"We want to see that regulation," he said. "We want to have the confidence that we know we're doing the right thing."

THC drinks are big business in Indiana and across the country, with the industry believed to have a $2-billion dollar impact on the state's economy.

Theodoro said many of his customers use THC drinks to help with anxiety or to help them move away from alcohol - something he felt was getting missed in conversations about the products.

"We've helped a lot of people drink less and stay sober and really improve their lives," he said. "These products have just been such a helpful tool."

Lawmakers said they expect THC to be an issue that gets brought up again during the next legislative session.

Contact Government Reporter Benjamin Thorp at bthorp@wfyi.org

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