Ohio Gov. Mike DeWine has banned the sale of intoxicating hemp products — such as THC-infused gummies and beverages sold in gas stations, taprooms and retail shops — for 90 days.

His executive order, signed on Wednesday, requires retailers to remove products and cease sales by 12:01 a.m. Tuesday. Intoxicating hemp products are any THC-containing items sold outside of licensed marijuana dispensaries.

“I am taking action today under my authority as the governor of the state of Ohio to get these products off the streets,” DeWine said.

However, those involved in a rapidly growing segment of the adult beverage market said the 78-year-old governor was taking knee-jerk action against a product that has become a preferred alternative to alcohol for many consumers.

“I don’t think he really understands,” said Collin Castore, a cofounder of Seventh Son Brewing Co. in Columbus, which began producing a line of THC drinks in March called Green Buddy Beverages.

“I think it’s an issue that’s going to affect people more than people realize,” he said. “These beverages have become a big part of the consumer landscape in Ohio now.”

What’s the reasoning for the ban?

In his announcement of the temporary ban, DeWine saved his harshest criticism for products that he said are sold in gas stations and use packaging that mimics popular candy brands, such as Sour Patch Kids and Nerds.

“Intoxicating hemp is dangerous, and we need to better protect our children,” he said.

DeWine’s executive order requires the removal of product displays and suspends Ohio Department of Agriculture rules on the products. After the 90-day ban, it’s up to lawmakers to take steps to regulate intoxicating hemp, he said.

Since January 2024, the governor has pressed Ohio lawmakers to enact THC limits and other regulations on the sale of THC products. DeWine’s order comes after months of inaction by state lawmakers.

Retailers try to clear THC drink inventory

Hearing rumors of a potential ban, retailers scrambled to sell off their inventories. Regional and local business owners are also trying to empty their shelves now that it’s official.

“All the distributors have reached out and said that they’re not taking back any THC products,” said T.J. Sliman, owner of Meyers Lake Beverage & Drive Thru in Canton Township. “So, yeah, I’m going to try to unload everything.”

The store carries THC beverages from brands such as the California-based Uncle Arnie’s and Washington-based Cycling Frog. On the day DeWine announced the ban, Sliman said 18% of sales were THC beverages.

“They have been a good revenue stream for us for people who are looking for alternative ways to socialize,” he said.

Meyers Lake Beverage & Drive Thru has offered the 21-and-older products for about eight months, with customers ranging in age from their 20s to 70s. Sliman is not opposed to regulations, such as a limit to THC content per beverage, but said the ban is misguided because children are no more likely to access a THC drink than they are alcohol.

Keri Sullivan, owner of The Barrel Room locations in Plain Township and Canal Fulton, said she would have appreciated more time to sell existing inventory and is reducing prices to meet the deadline. She began selling several brands of THC-infused seltzer late last year — the most popular being North Canna’s Higher Vibes — and recently began making cocktails with a non-alcoholic, THC-based liqueur.

“Those were selling pretty well for us in-house but even more so to go,” she said. “The biggest impact for us is we have a lot of sober patrons that would enjoy those. So, in my opinion, it was going in the direction where it was going to be even bigger.”

The THC drinks accounted for less than 10% of overall sales, but Sullivan said they helped bring in customers who don’t drink alcohol but still want to be social. It’s a frustrating development for an industry she said hasn’t fully rebounded since the pandemic.

“I do hope that they revisit it,” Sullivan said. “I feel confident that they will, if there’s some education brought to the table.”

What regulations exist?

Ohio requires licensed dispensaries to sell products in child-resistant packaging, but intoxicating hemp products are subject to those same restrictions.

Over 800 children ages 12 and younger were exposed to cannabis in 2024, according to data from Ohio Poison Centers, a 52% increase from the year prior. Nearly all cases involved marijuana edibles, which come in the form of candy, gummies and brownies.

The Ohio Craft Brewers Association said DeWine’s order, though well-intentioned, ignores the rigorous process brewers follow to ensure safety in their products, including THC-infused drinks. Many craft brewers expanded into the low-dose intoxicating hemp market to serve adult customers who are shifting away from alcohol, the trade group said.

“We actually want good regulations: age limits, milligram caps, proper retail licensing. That’s all reasonable. But this sudden ban will hurt small businesses, retailers and manufacturers,” Columbus-based The Rambling House said in a post to Instagram on Oct. 7.

Grocers and small businesses also have pushed back against proposed bans, saying their products are marketed to and purchased by adults.

Ernie Joy, co-founder of Wadsworth Brewing Co. in Wadsworth, called the move “a bit excessive” and also noted recent changes in drinking habits that inspired him to enter the THC market with four new drinks. A six-month-long process that he’s spent more than 100 hours and $5,000 on has come to a halt after only three weeks of sales.

“So the timing of this isn’t that great for us,” he said. “We did have to spend quite a bit of time and money to get to this point.”

Using a THC liquid concentrate, the brewery crafted a keg each of four carbonated beverages. They range from 1.4 mg to 4.25 mg of THC per 16-ounce drink. Joy said the potency is lower than intended, but Wadsworth Brewing was just beginning to “test the waters” and added four new taps for in-house sales.

The Ohio Department of Agriculture regulates intoxicating hemp products, and that involves testing and lab results, he added.

“I’m certainly for not marketing or having things that look like they’re packaged like candy for kids, but also there’s numerous bars and restaurants that have these available for patrons and now don’t have that option for them any longer,” Joy said.

Lawmakers react to DeWine order on hemp products

DeWine first called on Ohio lawmakers to restrict access to intoxicating hemp in January 2024, saying at the time: “The current loophole that allows these dangerous products to be sold to children needs to be closed as soon as possible.”

In the months since, state legislators have not enacted proposed laws that would require intoxicating hemp products, such as delta-8 THC, to be sold in licensed marijuana dispensaries or to impose THC limits on drinks. The proposals were stymied by lawmakers’ lack of consensus on a variety of marijuana questions looming since Ohioans legalized the product in a 2023 vote.

House Minority Leader Dani Isaacsohn, D-Cincinnati, said lawmakers should have been able to pass regulations on intoxicating hemp months ago.

“Most people would agree that if we have an intoxicating product that is available to children, the lawmakers should step up and address that issue,” Isaacsohn said. “Politics is the answer as to why we haven’t.”

Speaker Matt Huffman, R-Lima, said he expects the hemp industry will challenge DeWine’s order in court. But he hopes DeWine’s decision will spur lawmakers to act.

“I think that this stirs up the water. It gets everybody wanting to move,” Huffman said.

Ohio is in this position because the 2018 Farm Bill legalized hemp nationwide and defined it as cannabis with no more than 0.3% delta-9 THC, the compound that produces a high. The law opened the door for industrial hemp and CBD, but it also created a legal loophole that allows CBD stores, breweries and gas stations to sell hemp-derived cannabis and other gray market products.

Proponents of the hemp industry said DeWine’s order is an overstep that will hurt businesses. State Rep. Tex Fischer, R-Boardman, said the issue needed a scalpel and DeWine used a machete.

The Ohio Cannabis Coalition, a trade group representing the legal marijuana businesses, estimates the market for intoxicating hemp products in Ohio is $1 billion.

The coalition applauded DeWine’s ban.

“For too long, the hemp industry has recklessly exploited the Farm Bill loophole to line its pockets at the expense of Ohioans’ health. Until today, unregulated synthetic hemp-derived cannabinoids were sold openly, putting consumers, especially children, at risk,” the trade group for regulated marijuana businesses said. “Adult Ohioans deserve safe, regulated, and tested products they can trust.”

Shortly after DeWine announced the ban, members of the Ohio Healthy Alternatives Association filed a lawsuit in Franklin County Common Pleas Court. The group advocates for alternatives to alcohol and prescription drugs and is asking a judge to prevent the ban from taking effect.

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