Ohio Governor Mike DeWine has announced an executive order to ban all intoxicating hemp products in the state, effective Tuesday October 14.
The emergency order changes the definition of hemp and hemp products in the Ohio administrative code, excluding “intoxicating hemp” from the legal definition.
“It is fundamentally a different product, [it’s] altered and very, very different than hemp,” said Gov. DeWine in a press conference Wednesday afternoon. “The order declares an adulterated consumer product emergency in the state of Ohio.”
The order will remain in effect for 90 days, but can be renewed by the state General Assembly.
Local and state authorities, along with the Ohio Department of Agriculture, will have the power to seize intoxicating hemp products. Retailers can be fined $500 per day while the product remains on store shelves.
Gov. DeWine focused on delta-8 THC candy and edibles during the press conference, he was asked multiple times about why he chose not to include a carve-out for intoxicating hemp beverages sold in alcohol retailers or at age-gated bars or restaurants. Initially, Gov. DeWine responded that “we believe this is the right thing to do.”
The Ohio executive orders come after governors in Texas and California took similar actions to restrict intoxicating hemp sales after legislative efforts fell short.
Less than a month ago, State Senator Bill DeMora (D-Columbus) introduced a bill that would restrict the sale of intoxicating hemp beverages to persons over 21 years old and not use packaging that is “considered attractive to children.”
The state has a variety of other laws in various stages of the legislative process that would similarly regulate hemp-derived THC products. State Senator Stephen Huffman (R-Tipp City) has introduced two bills: SB56 and SB86.
Both bills have passed the state senate but remain in committee in the state’s House of Representatives. The bills would relegate all intoxicating hemp product sales to licensed marijuana dispensaries and only to people aged 21 or older. Intoxicating hemp food and drink would be subject to testing, packaging and labeling restrictions, and would be regulated by the Ohio Department of Commerce. SB86 imposes a 10% tax as well.
House Bill 160 also remains in house committee and would also only allow intoxicating hemp products to be sold in dispensaries.
When questioned about how legislators have tried to tie hemp regulation to recreational marijuana, Gov. DeWine argued that intoxicating hemp products fall outside the other cannabis laws.
“In regard to marijuana THC, all the regulations were defined there and the sale of [intoxicating hemp] comes under none of that,” he said. “I don’t speak for the legislature. I don’t blame the legislature. My job today is to take action. That’s what I’m doing.”
Gov. DeWine first called on the Ohio lawmakers to regulate delta-8 THC in January 2024, citing intoxicating hemp operating in a “loophole” that allows “dangerous products” like candy, cereal, gummy candy, and other products to be marketed and sold to kids.
Media outlets from around the Buckeye State have reported this week that retailers who sell THC-infused beverages have been scrambling to clear out their hemp THC drink inventories before the governor’s executive order went into effect.
“This pause doesn’t just affect manufacturers like us, it impacts the many retailers, bars, and bottle shops that have embraced this new category and rely on it to serve their communities and support their staff,” said Max Fram, VP of Strategy and Operations for intoxicating hemp producer Fifty West Brewing Company, in a public statement responding to the executive order.
“We believe in regulation. Fair, well-written rules will legitimize this category, keep products safe, and allow responsible companies and local businesses across Ohio to thrive.”