Gov. Mike DeWine took administrative action Wednesday afternoon, putting a pause short-term on sales of a slew of unregulated products containing cannabinoid derivatives, like those with delta-8 THC and THC-A.
DeWine signed an executive order that both seeks to redefine hemp, by excluding 鈥渋ntoxicating hemp鈥� from the Ohio Revised Code鈥檚 definition of hemp, and declares an adulterated consumer product emergency. That emergency declaration gives retailers statewide until Tuesday to clear their shelves of any products fitting that definition鈥攚hich will then be under a 90-day ban.
鈥淚t is absolutely absurd that a 14-year-old, a 13-year-old can walk into a store and buy this stuff. It鈥檚 never what anybody intended,鈥� DeWine said. 鈥淚 don鈥檛 think you鈥檒l find one legislator who will tell you that it was intended, so yeah, I went back to our lawyers.鈥�
Since late 2023, DeWine has made it clear he wants legislators to regulate intoxicating hemp products. It has been mostly touch and go on how to handle the gray area the federal government created in 2018, when Congress removed cannabis products with less than 0.3 percent delta-9 THC from the definition of marijuana. Most products contain psychoactive ingredients that still induce a high, but are legal at any age.
In early 2024, however, he said he could not 鈥渄o anything without action by the state legislature.鈥�
Stalled legislative efforts would have put intoxicating products behind dispensaries鈥� counters, if the products had undergone testing, and banned sale of them otherwise. Most carved out infused drinks, allowing retailers with a liquor license to sell them.
鈥淵ou know, perhaps the hemp order helps, perhaps it hurts, but I think we can still get (legislation) done before we leave for Thanksgiving,鈥� House Speaker Matt Huffman (R-Lima) told reporters Wednesday morning.
Some lawmakers told the Statehouse News Bureau on Wednesday they believe DeWine is acting outside his authority as governor. A legislative committee, the Joint Committee on Agency Rule Review, has the final say on his request for redefinition.
鈥淚f they really believe that,鈥� DeWine said, 鈥渢hey can take action as well.鈥�
Rep. Tex Fischer (R-Boardman) said he believes the order is too broad, targeting an entire industry 鈥渙ver the actions of some bad actors.鈥�
鈥淭heir livelihood is gone because of the actions of the governor and him deciding that he found this new authority to regulate something,鈥� Fischer said in an interview.
Retailers selling the products鈥攍ike gas stations, smoke stores and holistic wellness stores鈥攈ave lobbied hard against an outright ban. The heavily-regulated marijuana industry, meanwhile, wants a stricter mandate.
