Two Cincinnati breweries are pushing back against an impending law that will ban the sale of THC drinks in Ohio.
Fifty West Brewing Co. and Urban Artifact filed a lawsuit on March 6, saying Gov. Mike DeWine overstepped his authority when he used his veto pen to abolish THC beverages. The law, Senate Bill 56, will take effect March 20 unless opponents can block portions of it through a ballot referendum.
The breweries, joined by Seattle-based Cycling Frog and Sarene Craft Beer Distributors, asked the Ohio Supreme Court to preserve the law as passed by the Legislature.
“Gov. DeWine turned a sales window into a ban,” the lawsuit states. “He rewrote S.B. 56 − through clever deletions − so that it means the exact opposite of what the People’s representatives hammered out in the democratic process.”
Senate Bill 56 restricts most hemp-derived cannabis, including products with more than 0.4 milligrams of THC per container and synthetic substances like delta-8 THC. The change mirrors a new federal hemp ban that takes effect later this year.
Ohio lawmakers carved out a grace period for THC beverages that would have allowed bars, breweries and retailers to sell them through the end of 2026. Proponents said this would give industry lobbyists more time to persuade Congress to pass an exception for drinks at the federal level.
But DeWine struck down that part of the bill, saying it would confuse customers and contradict federal law.
“No Ohio voter ever approved THC beverages to be sold at restaurants or breweries” DeWine spokesperson Dan Tierney said on March 6.
DeWine also accused businesses of misleading consumers about the effect of THC beverages.
“Purveyors of intoxicating hemp often market their products as an alcohol substitute, even claiming health benefits,” DeWine wrote in his veto message. “The facts are that THC is not analogous to alcohol, is metabolized differently than alcohol, and does not intoxicate in the same away alcohol does.”
THC drinks have become a popular alternative for consumers who want a break from alcohol and a boon for business in the struggling beer industry. In affidavits, the owners of Fifty West and Urban Artifact said they would be forced to destroy hundreds of thousands of dollars in inventory if the ban takes effect.
Fifty West owner Bobby Slattery said it could also lead to the closure of its Chillicothe brewery, a loss of 40 jobs. Urban Artifact already laid off six employees and a contractor, according to court documents.
The lawsuit isn’t the only attempt to block Senate Bill 56. Advocates are collecting signatures for a referendum to stave off new restrictions on hemp and marijuana. If successful, voters would decide in November whether the bill should become law.
State government reporter Haley BeMiller can be reached at hbemiller@usatodayco.com or @haleybemiller on X.
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This article originally appeared on Cincinnati Enquirer: Cincinnati breweries sue Ohio over ban on THC drinks
Reporting by Haley BeMiller, Cincinnati Enquirer / Cincinnati Enquirer
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