Starting Tuesday, Ohio retailers will be prohibited from selling any products containing hemp-derived THC for the next four months or until comprehensive regulations are put in place in the state.
That’s according to an executive order signed on Wednesday by Ohio Gov. Mike DeWine, who declared a “consumer product emergency” on intoxicating hemp products.
“Intoxicating hemp products are known to have significant impacts on young, developing brains, yet these products are legally marketed to kids, sold to kids and ingested by kids in Ohio,” DeWine said in a statement. “When voters chose to legalize marijuana, they voted for a highly regulated market that only allows sales at licensed dispensaries to those 21 and older. Intoxicating hemp completely bypasses these laws, and we must do more to keep these products away from kids.”
The 2018 Farm Bill allowed for the sale of hemp-derived THC products containing less than 0.3% THC by weight, which has led to a large number of beverages, edibles and other products being sold at convenience stores, grocers, smoke shops and via direct-to-consumer channels.
Some states have banned the sale of these products outright, while others have worked to craft regulations permitting their sale.
In Texas, for example, recently introduced regulations prohibit anyone under 21 from purchasing hemp-THC products.
In Ohio, retailers will have several days to remove intoxicating hemp products from store shelves. Those who continue selling the items could face fines of $500 per day, the state said.
Exposures to delta-8 and delta-9 THC among those as young as 0-5 years old grew from 202 incidents in 2021 to 555 in 2024, according to the governor’s office. About 90% of exposures involving children up to age 12 resulted in emergency room visits, with two-thirds of the incidents requiring hospitalization, the state said.
“The products create a high similar to marijuana, but unlike marijuana, intoxicating hemp is not regulated and is legal for anyone, including children, to purchase,” the state said in a press release. “Intoxicating hemp products have no quality control and are sold in a variety of stores marketed as candy, cookies, gummy candy and other products that are attractive to youth.”
DeWine’s executive order directs the Ohio Department of Agriculture to change the administrative rules defining hemp and hemp products in the state. The change will exclude intoxicating hemp from what is considered legal hemp, the state said.
The Ohio Council of Retail Merchants, in an email bulletin to members, speculated that DeWine’s order is “an attempt to bring legislators back to the negotiating table to craft a bill that adequately addresses the issue.”
The merchant association also said it was likely to trigger legal action to prevent the executive order from going into effect next week.
CSP will host a Cannabis Forum in March 2026. If you are interested in attending or learning about sponsorship opportunities, please contact Mike Marino, senior director of Retail Relations for Informa Connect, at Michael.Marino@informa.com.
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