Ohio Governor Mike DeWine’s executive order banning the sale of intoxicating hemp products takes effect today. The 90-day emergency order prohibits retailers from selling these products anywhere outside of licensed marijuana dispensaries.
The executive order, signed on October 8, 2025, targets what DeWine calls “intoxicating hemp” — products containing THC compounds like delta-8 and delta-9 that are derived from legal hemp plants but manipulated to produce psychoactive effects similar to marijuana. These products have been widely available in gas stations, smoke shops, CBD stores, and other retail establishments across Ohio without age restrictions or regulatory oversight.
“I am taking action today to get these products off the streets and to have them taken off our shelves,” DeWine said during his October 8 press conference announcing the order. “Intoxicating hemp is dangerous, and we need to better protect our children.”
Executive Order Banning Intoxicating Hemp Products in Ohio
The executive order operates under two key legal mechanisms. First, it declares an emergency requiring immediate amendment of Ohio Administrative Code rules 901:14-1-01 and 901:14-2-01, which govern hemp regulation. Second, it declares an “adulterated consumer product emergency” under Ohio Revised Code Section 3715.74, giving the governor authority to remove dangerous products from the market.
The order requires all retailers to immediately remove intoxicating hemp products from public display, prohibits any sales during the 90-day period, and mandates that retailers segregate existing inventory. Violations carry a $500 fine per day for each day products remain on shelves.
According to the executive order, intoxicating hemp differs significantly from traditional hemp, which contains minimal THC levels. Manufacturers extract compounds from legal hemp plants and manipulate them chemically to create products with much higher concentrations of psychoactive compounds than naturally occur in marijuana.
Governor’s Justification for the Ban
DeWine’s executive order cites several public health and safety concerns that prompted the emergency action. The document emphasizes the widespread availability of these products to children, noting that Ohio law currently places no age restrictions on intoxicating hemp purchases and requires no identification verification.
The packaging of these products particularly concerns state officials. During his press conference, DeWine displayed three intoxicating hemp products that closely mimic popular candy brands: Stoner Patch Dummies (resembling Sour Patch Kids), Nerdy Bears (similar to Nerds Gummy Clusters), and Sour Infused Gummies (mimicking Gushers packaging).
“These children are vulnerable to these candy knock-off products that are on sale today across the state of Ohio,” DeWine explained. The governor noted that a single Nerdy Bear gummy contains more than 100 milligrams of THC, compared to the typical 10 milligrams found in regulated adult marijuana products.
The executive order also highlights the lack of mandatory testing protocols for intoxicating hemp products. When subjected to testing, these products have been found to contain contaminants including pesticides, mold, and solvents, according to the order.
California’s Parallel Approach
Ohio’s action mirrors regulatory steps taken by California, though California has since integrated intoxicating hemp products into its legal cannabis market rather than maintaining a prohibition.
California initially issued executive orders restricting intoxicating hemp products due to similar public health concerns, particularly regarding unregulated products being sold outside the state’s licensed cannabis system.
California’s approach evolved to incorporate these products within existing cannabis regulations, requiring testing, age verification, and compliance with packaging and labeling standards.
Industry Response and Legal Challenges
The Ohio hemp industry has responded forcefully to DeWine’s executive order. The Ohio Healthy Alternatives Association filed a lawsuit in Franklin County Court of Common Pleas, arguing the governor lacks authority to unilaterally ban products that Ohio law classifies as legal hemp.
“Governor DeWine’s executive order banning hemp is an attack on Ohio’s consumers who will lose access to safe and legal products, and a gut punch to Ohio farmers and small businesses who have invested tens of millions building legitimate businesses in good faith under existing laws,” said Michael Tindall, executive director of the Ohio Healthy Alternatives Association via the Ohio Capital Journal.
The association estimates the ban will result in more than 20,000 unemployed Ohioans and billions of dollars in negative economic impact. Industry representatives argue that over 2,000 smoke and hemp shops and more than 4,000 retailers throughout Ohio sell hemp products.
Jonathan Miller, general counsel of the U.S. Hemp Roundtable, called the executive order a “misguided overreach,” arguing that Ohio should pursue regulation rather than prohibition.
“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,” Miller stated.
However, the Ohio Cannabis Coalition praised DeWine’s action. “For too long, the hemp industry has recklessly exploited the Farm Bill loophole to line its pockets at the expense of Ohioans’ health,” said OHCANN Executive Director David Bowling.
Legislative Context and Future Considerations
The executive order’s 90-day duration means it will expire on January 12, 2026, unless extended. DeWine has indicated that future action will depend on the Ohio legislature, with several bills currently under consideration that would regulate intoxicating hemp products in various ways.
Ohio Senate Bill 266 would ban sales to people under 21 and require testing under the same standards as marijuana. Senate Bill 86 would impose a 10% tax on intoxicating hemp products and require sales only through licensed marijuana dispensaries.
Senate Bill 56, which passed the Senate earlier this year, would limit intoxicating hemp sales to licensed dispensaries while requiring testing and compliance with packaging standards.
House Bill 160 also includes provisions requiring all THC products to be sold exclusively through Ohio’s regulated marijuana dispensaries.
State Representative Tex Fischer, R-Boardman, criticized the executive approach, stating, “I believe the legislature’s job is to legislate. I do not believe it’s the governor’s job to legislate.”
The executive order represents Ohio’s most significant regulatory action regarding hemp-derived products since the 2018 Farm Bill legalized hemp cultivation.
Previously, Ohio was among approximately 20 states without specific regulations governing intoxicating hemp products, according to an Ohio State University Drug Enforcement and Policy Center study.
DeWine had been calling for legislative action on delta-8 THC products since January 2024 but previously stated he lacked authority to issue an executive order on hemp. The governor explained that he consulted with lawyers to determine his emergency powers applied to these products due to public health concerns.
Today’s implementation of the order begins a 90-day period where legislative action, legal challenges, and ongoing public health assessments will determine Ohio’s approach to intoxicating hemp.
