Ohio’s ‘wild west’ intoxicating hemp industry: 2025 was the year of regulations – Cleveland.com
COLUMBUS, Ohio — The ongoing battle to regulate state cannabis policy, including reining in the intoxicating hemp industry, was one of the biggest policy stories in Ohio for 2025.
The battle seemingly came to a close Dec. 19 when Gov. Mike DeWine signed Senate Bill 56 into law, effectively banning all intoxicating hemp products, including hemp-infused THC beverages, when the law takes effect in March.
Cannabis advocates have launched a campaign to repeal the measure by putting it to statewide vote, but that effort is just at the beginning steps.
Whether there is more tinkering with the laws in 2026 remains to be seen, but the bill moved to close an unintentional loophole in the 2018 federal farm bill that created a wild, wild West for the hemp industry.
That farm bill legalized hemp to promote non-intoxicating uses like CBD oils and industrial products like rope and tires. Producers also found that they could create THC products that mimicked marijuana’s effects without strict regulatory oversight.
While licensed marijuana dispensaries in the state had to source all products from within state lines, restrict entry to those 21 and older, and comply with regulations established through the Division of Cannabis Control, intoxicating hemp products were widely available in gas stations and convenience stores, often without age restrictions or safety testing.
That raised the ire of Gov. Mike DeWine in particular, who urged state lawmakers to take action on intoxicating hemp. Those calls went unanswered until this year.
Over the course of the year, a lot of action has taken place at both the federal and state level to rein in the “wild, wild west.” Here’s a look back on what happened with hemp over the last year.
Ohio legislators first attempted to address the disparity of regulations through Senate Bill 86, introduced by Republican Sens. Steve Huffman of Tipp City and Shane Wilkin of Highland County in March. The legislation aimed to lay out a regulatory framework for intoxicating hemp products by suggesting that sales be restricted to dispensaries for customers 21 years of age or older and mandating testing and packaging standards. For intoxicating hemp beverages, the legislation mainly laid out THC-level requirements, and guidance on where the beverages could be sold.
The Ohio Senate passed the bill in May, but intoxicating hemp regulations would eventually be folded into a different piece of legislation, Senate Bill 56, later in the year.
In October, DeWine declared a public health emergency banning the sale of intoxicating hemp products in Ohio.
DeWine’s action was intended to address concerns about unregulated intoxicating hemp products being sold at gas stations and smoke shops, particularly those marketed to children, while state lawmakers worked on a legislative solution.
The order directed retailers to remove these products from shelves. But the ban was immediately challenged in court.
Franklin County Judge Carl Aveni granted a temporary restraining order blocking the governor’s order, saying he is concerned that DeWine was creating “new definitions” about what constitutes intoxicating hemp that don’t exist in state law.
DeWine’s ban faced legal pushback in a lawsuit filed by three Ohio businesses affiliated with the hemp industry, Titan Logistics Group, Fumee Smoke and Vape and Invicta Nutraceuticals.
Aveni has continued this block multiple times. A hearing on an injunction is scheduled for January 29, 2026.
After DeWine’s declaration of a public health emergency, Ohio House members quickly moved to add hemp regulations to Senate Bill 56, passed by the Senate in February. That legislation was intended to clarify aspects of the state’s use recreational marijuana laws.
Under the House version of the bill, intoxicating hemp products — except for beverages – would be through licensed hemp dispensaries that operate under state oversight, like existing marijuana dispensaries.
Despite House members’ quick action to suggest regulations, the Ohio Senate then voted unanimously to reject concurrence on the changes, punting the bill to a conference committee.
It initially appeared that members of the bipartisan committee would be able to reach an agreement before Thanksgiving, with Huffman saying that he didn’t see any “insurmountable” differences between the conferees. Then Congress approved a provision tucked into the funding bill to end the federal government shutdown that threw a wrench in Ohio lawmakers’ conversations.
Conference committee members eventually put forth a bill that mirrored the federal guidance the week before Thanksgiving.
The state legislation, like federal law, bans hemp products that contain 0.4 milligrams of total THC per container. SB56 would allow for 5-milligram hemp-derived THC drinks to temporarily remain legal in Ohio through the end of next year.
Those beverages would be permitted to be manufactured, distributed, and sold until Dec. 31, 2026.
The House approved that bill in the early hours of Nov. 20 before recessing for the year. The Senate then passed the bill in early December, sending it to DeWine’s desk.
DeWine signed SB 56 into law on Dec. 19 but vetoed a provision that would have allowed intoxicating hemp beverages containing up to 5 milligrams of THC to remain on sale through the end of 2026. Instead, these popular beverages—sold at local breweries and bars across the state—will become illegal when the law takes effect in mid-March, alongside other intoxicating hemp products.
DeWine justified his veto by citing upcoming federal regulations that would ban intoxicating hemp products by November 2026. He argued that allowing beverage sales through 2026 would create confusion and non-conformity with federal law.
DeWine also expressed concern that consumers might be misled into thinking THC beverages affect them the same way as alcohol, when THC is metabolized differently.
Mary Frances McGowan is a political reporter for Cleveland.com. Prior to joining the team in 2025, McGowan was most recently a staff correspondent at National Journal, where she covered political campaigns for…
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