Ohio Governor Enacts Halt on Sales of Hemp-Derived THC Products

COLUMBUS – Ohio Governor Mike DeWine issued an executive order on October 8, 2025, directing retailers to pull intoxicating hemp products from shelves by next Tuesday, marking a sharp intervention in the state’s unregulated market for THC-infused edibles and drinks.

The measure, which takes effect at 12:01 am on October 14, classifies these items as adulterated consumer products under Ohio law and bars their sale for 90 days, unless extended by the state legislature. It targets hemp-derived goods containing high levels of delta-8-THC, delta-9-THC, or similar compounds that mimic Cannabis’s effects, often packaged as gummies, beverages, or candies and sold at gas stations and convenience stores without age restrictions. Non-intoxicating hemp items, such as CBD oils, remain unaffected, as do THC products dispensed through licensed Cannabis outlets for adults 21 and older.

DeWine, a Republican who has long pressed lawmakers to tighten controls on “intoxicating hemp” offerings, cited a surge in child poisonings as the tipping point. State poison control records show exposures among those 19 and under jumped from 419 cases in 2021 to 994 last year, with more than half involving children five and younger, a tripling from prior levels. Roughly 90% of incidents in kids up to age 12 led to emergency room visits, and two-thirds required hospital admission.

“These products are marketed like candy, right next to the checkout counter where any child can grab them,” DeWine said during a news conference, his voice edged with frustration over the General Assembly’s repeated failure to act.

The order empowers the Ohio Department of Agriculture and local health officials to seize noncompliant inventory, with retailers facing $500 daily fines for violations. It also fast-tracks rule changes to redefine “hemp” in state regulations, excluding intoxicating variants for up to 120 days while permanent updates advance.

Pushback came swiftly from the hemp sector. On October 9, the Ohio Hemp Harvesting & Agricultural Association (OHHAA), joined by three retailers, filed suit in Franklin County Common Pleas Court, claiming the ban unlawfully strips valid agricultural licenses and oversteps executive authority.

The plaintiffs argue that hemp, legalized federally in 2018 and in Ohio since 2019, qualifies as an agricultural commodity exempt from such unilateral moves. One shop owner described the products as a vital revenue stream [10-20% of daily sales] bolstering businesses hit by slumping alcohol demand. The suit warns of broader fallout, including risks to 20,000 jobs tied to Ohio’s $1 billion hemp economy.

This clash underscores a familiar tension in Cannabis regulation: balancing innovation against oversight gaps. Hemp-derived THC exploded post-2018 Farm Bill, filling a gray area with low-barrier entry but scant quality checks, issues DeWine’s team links to contaminants like pesticides and solvents found in some tests. Yet industry voices counter that the ban ignores compliant operators and could drive sales underground, echoing patterns seen in other states’ crackdowns. Data from Missouri’s health department, referenced in the order, flags similar risks, but Ohio’s move stands out for its speed and scope.

The implications here cut both ways for Ohio’s maturing market. On one hand, the pause buys time for legislators to craft targeted rules, potentially channeling sales into taxed, tested channels and curbing youth access. On the other, it tests the resilience of a sector already navigating adult-use legalization since 2023, where hemp once served as an entry point for entrepreneurs shut out of pricier dispensary licenses. If courts uphold the order, expect ripple effects: tighter compliance costs for survivors, but clearer lines for investors eyeing regulated growth. For now, retailers scramble to comply, and the Buckeye State’s hemp experiment enters uncharted territory – proof that even in a booming industry, public safety often trumps unchecked expansion.