“Intoxicating hemp has no required regulatory testing…and sold in packages enticing to children.”
By Megan Henry, Ohio Capital Journal
Ohio Gov. Mike DeWine has announced a 90 day executive order to ban the sale of hemp intoxicants starting next Tuesday.
The products that are intoxicating are those that contain THC and are not sold at licensed marijuana dispensaries, such as gas stations, CBD shops, or smoke shops. THC-infused products are also included under this ban.
“I am taking action today…to get these products off the streets and to have them taken off our shelves,” DeWine said Wednesday during a press conference. “Intoxicating hemp is dangerous, and we need to better protect our children… We believe this is the right thing to do.”
The 90-day Executive Order ends on the 12th of January, 2026. At that point it is up to legislators to decide whether or not they would like to see any further actions taken against intoxicating hemp.
DeWine stated, “I won’t tell them what they should do but I think we need to control this product.” DeWine said, “We cannot have a scenario where people are allowed to sell these products to kids under age.”
Shops that violate this executive order may be fined $500 for every day they keep intoxicating hemp-based products on their shelves.
According to the 2018 Farm Bill, hemp is legal if its THC content is less than 0.3%.
DeWine explained that after these laws had been passed, “chemists began manipulating substances in the non-intoxicated legal hemp plant and turning them into THC which is intoxicating. This includes Delta-8, Delta-9 as well as other compounds, found in marijuana.” “It is a completely different product.”
In Ohio, marijuana isn’t considered a hemp product that is intoxicating.
DeWine is calling for lawmakers to ban or regulate delta-8 THC since January 2024. He said previously that he would not be able to issue an executive order on hemp.
DeWine explained that he had gone back to his attorneys to explain how he did it.
A study conducted by Ohio State University Drug Enforcement and Policy Center in November 2024 found that Ohio was among the 20 states with no regulations on hemp-based products.
It was reported in January 2024 that there had been at least 257 reports of delta-8 poisoning in Ohio in recent years—including 102 in 2023 and 40 that involved children under six-years-old, according to the Ohio Poison Control Center.
Since intoxicating products such as Delta-8 became readily available, accidental reasons among children have increased sharply, said Dr. Hannah Hays. She is the medical director of Central Ohio Poison Center, and the Chief of Toxicology for Nationwide Children’s Hospital.
Hays explained that intoxicating hemp products may cause children to experience hallucinations and confusion. There can also be seizures and respiratory failure.
DeWine stated, “I do not want this product to be sold to children.” “I’m protecting Ohio’s kids today because I think there’s a clear danger for our children.” Children are at risk from these fake candy products on sale in Ohio today.
DeWine had three intoxicating hemp products with him during Wednesday’s press conference—Stoner Patch Dummies (similar packaging to Sour Patch Kids), Nerdy Bears (similar to Nerds Gummy Clusters), and Sour Infused Gummies (similar to Gushers).
DeWine stated that there are no restrictions on the sale of intoxicating hemp or its purchase. “Intoxicating hemp has no required regulatory testing…and sold in packages enticing to children, many times mimicking the packaging of common candies.”
The packaging states that a Nerdy Bear bear gummy contains 100 milligrams THC.
DeWine explained that, “For context,” many adult-produced products contain 10 milligrams THC in each serving. It’s not hard to imagine how a kid could mistake this product for real candy, eat some gummy bears, and consume enough THC that they need hospitalization.
Ohio Cannabis Coalition has lauded DeWine’s executive order.
“For too long, the hemp industry has recklessly exploited the Farm Bill loophole to line its pockets at the expense of Ohioans’ health,” OHCANN Executive Director David Bowling said in a statement. “Until today, the sale of synthetic hemp-derived cannabis was unregulated, placing consumers and children at risk.”
However, the hemp industry was quick to voice its opposition against DeWine’s executive order.
Michael Tindall, Executive Director of the Ohio Healthy Alternatives Association said that Governor DeWine’s executive order to ban hemp was an attack against Ohio consumers. They will no longer have access to products which are safe and legal. This is a devastating blow for Ohio farmers and businesses who spent tens and millions on building up legitimate businesses under current laws.
In Ohio, he said that there were more than 2, 000 smoke and hemp stores and over 4,000 retail outlets selling hemp products.
Jonathan Miller of the U.S. Hemp Roundtable, who is General Counsel at U.S. Hemp Roundtable stated that DeWine’s Executive Order was a “misguided Overreach”.
Miller stated in a press release that he was “outraged” by the governor’s attempt to circumvent the Ohio Legislature and use executive power to deal a devastating blow to Ohio’s hemp-growing industry. “Instead of prohibition, Ohio should pursue regulation—setting age limits, mandating independent third-party testing, requiring accurate labeling, and ensuring products are made with American-grown hemp.”
Dakota Sawyer, of American Republic Policy, agrees that children should not have access to intoxicating products made from hemp. However she disagrees with DeWine’s decision to ban the entire product line because there are shops with age restrictions.
He said, “We shouldn’t punish the good actors but rather go after the bad ones.” This executive order will close [the good actors] down. They will be forced out of business. “People won’t be in a position to provide food for their families.”
State Rep. Tex Fischer (R-Boardman) said that the executive order was an overstep.
“I do not believe it is the governor’s responsibility to pass laws,” he stated. I don’t believe that it is the job of the governor to pass laws.
Hemp bills that are intoxicating
There are a handful of bills in the legislature that would regulate intoxicating hemp products in various ways.
Ohio Senate Bill 266 would ban the sale of intoxicating hemp products to people under 21, ban the sale of intoxicating hemp products that have not been tested under the same rules as marijuana and would prevent selling intoxicating hemp products that appeal to children.
Ohio Senate Bill No. 86 prohibits the sale of intoxicating products made from hemp to those under 21 years old, imposes a tax of 10 percent on these products and regulates drinkable cannabinoid-containing products.
Intoxicating hemp products would only be allowed to be purchased at marijuana adult dispensaries, and not at CBD shops, convenience stores or smoke shops. Intoxicating hemp products can only be sold after they have passed a test and meet the standards of packaging, labeling and advertising.
Ohio Senate Bill 56 would only allow a licensed marijuana dispensary to sell intoxicating hemp products that have been tested and complied with packaging, labeling and advertising requirements. The bill, which passed in the Senate earlier this year, would also change parts of the state’s marijuana law.
Ohio House Bill 160 mostly deals with potential changes to the state’s marijuana laws, but it also has an intoxicating hemp provision that would require every THC product to only be sold at Ohio’s regulated marijuana dispensaries.
The original publication of this story is Ohio Capital Journal.