CBD/Hemp

Ohio hemp-THC ban faces potential ballot challenge

But lobbying group must first collect more than 200,000 signatures by March 20
Ohio Capitol
Advocates have one last attempt to overturn a pending ban on hemp-THC beverages in Ohio. | Shutterstock

Are hemp-THC products back from the dead in Ohio?

It’s too soon to tell, but there’s now a glimmer of hope for the segment’s supporters after the state’s attorney general this week greenlit the possibility for a proposed referendum that could reverse the ban. 

Attorney General Dave Yost’s decision means lobbying group Ohioans for Cannabis Choice now has the go-ahead to collect about a quarter of a million signatures from half of Ohio’s 88 counties to put a referendum on the ballot in November. 

There’s a catch, though: The group has until March 20, the day the hemp-THC ban takes effect, to gather those signatures.

Ohio lawmakers in December approved a bill, Senate Bill 56, that included several changes to the state’s marijuana regulations. But Gov. Mike DeWine line-item-vetoed a provision in the bill that would’ve allowed hemp-THC beverages with 5 milligrams of THC or less to be manufactured, sold and distributed in Ohio until the end of 2026. The bill prohibits the sale of all hemp-based products with more than 0.4 milligrams of total THC outside of a licensed cannabis dispensary. That language mirrors the pending federal ban on hemp-THC products, which is set to take effect in November. 

“My veto means that they cannot be sold,” DeWine said during a December press conference, according to media reports. “The simplest thing, frankly, to do is to stop it right now instead of going until the date in November set by federal law.” THC beverages, DeWine added, “create extra problems.”

Yost was clear that his decision to allow the referendum to proceed was not a statement on its merits. 

“My certification … should not be construed as an affirmation of the enforceability and constitutionality of the referendum petition,” Yost said in a statement. 

Ohioans for Cannabis Choice said if SB 56 takes effect, it will lead to the closure of 6,000 small businesses while damaging a thriving industry in the state. The group, for its part, said it supports regulating hemp-THC products rather than abolishing them. 

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