Update: In the afternoon of Oct. 14, a Franklin County judge temporarily blocked Gov. Mike DeWine’s ban on intoxicating hemp, allowing the sale of products for now.
Ohio Gov. Mike DeWine’s 90-day ban on intoxicating hemp, including THC-infused gummies and beverages went into effect at 12:01 a.m. on Oct. 14.
DeWine’s decision came after months of waiting for lawmakers to impose their own restrictions.
Three businesses are suing DeWine over the order, but so far no action has been taken by the court.
Members of the Ohio Healthy Alternatives Association, which advocates for alternatives to alcohol and prescription drugs, filed a lawsuit shortly after DeWine announced the ban.
The lawsuit asks a Franklin County Common Pleas judge to block DeWine’s ban and prevent it from taking effect.
The association says DeWine doesn’t have the authority to restrict access to the products and “cause systematic chaos overnight.”
Here’s what you need to know about the ban.
What is banned under DeWine’s executive order?
The executive order bans the sale of consumer products containing intoxicating hemp, including THC-infused beverages and gummies.
The products cannot be displayed in stores and must be disposed of by returning them to the manufacturer or giving them to law enforcement.
When does Ohio ban on THC gummies, drinks and other hemp products start?
DeWine’s ban on intoxicating hemp went into effect on Oct. 14 at 12:01 a.m.
How long is Ohio’s ban on THC gummies, drinks and other hemp products?
DeWine imposed a 90-day ban on intoxicating hemp by declaring a consumer product emergency.
Ohio lawmakers could repeal the emergency after 30 days, but that seems unlikely. A governor’s state of emergency can last only 90 days unless state lawmakers extend it.
Ohio House Speaker Matt Huffman, R-Lima, said lawmakers could come up with a resolution within in the next 50 or 60 days.
In April, the Ohio Senate passed Senate Bill 86, which would require hemp to be sold in marijuana dispensaries to those 21 and older. The bill’s sponsors, Sen. Steve Huffman, R-Tipp City, called it “a responsible path forward.”
Can I still buy marijuana in Ohio?
The ban does not impact the sale of marijuana in dispensaries. Ohio legalized recreational marijuana with a 2023 vote.
In fact, marijuana businesses applauded DeWine’s order.
“Adult Ohioans deserve safe, regulated, and tested products they can trust,” Ohio Cannabis Coalition executive director David Bowling said. “Our industry has always been invested in the communities where we live, work, and do business, and we will continue that commitment.”
Can DeWine ban intoxicating hemp on his own?
That’s a question for the courts. DeWine said in January 2024 that he needed lawmakers to act to restrict intoxicating hemp, and he couldn’t do it on his own.
Three businesses are already suing over the ban.
Members of the Ohio Healthy Alternatives Association, which advocates for alternatives to alcohol and prescription drugs, filed a lawsuit shortly after DeWine announced the ban.
The lawsuit asks a Franklin County Common Pleas judge to block DeWine’s ban and prevent it from taking effect on Oct. 14.
Why was hemp legal in Ohio?
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.
Huffman said businesses upset about the ban should have realized they were on shaky ground. “Whenever you enter these kinds of endeavors and the regulatory framework and legal framework are unclear, you go forward at your peril,” he said.
Reporter Laura A. Bischoff contributed to this article.
State government reporter Jessie Balmert can be reached at jbalmert@gannett.com or @jbalmert on X.
Speak out: Tell us what you think
This article originally appeared on The Columbus Dispatch: Ohio ban on THC drinks, gummies and hemp products took effect today
Reporting by Jessie Balmert, Columbus Dispatch / The Columbus Dispatch
USA TODAY Network via Reuters Connect
