DeWine declares public health emergency, bans sales of intoxicating hemp products

Gov. Mike DeWine on Wednesday declared a public health emergency over intoxicating hemp products in Ohio, temporarily banning the sale of the products (Source: “DeWine declares public health emergency, orders intoxicating hemp products off shelves,” Cleveland Plain Dealer, Oct. 9).

DeWine’s order directs retailers to remove all consumer products containing intoxicating hemp from public display and cease all sales by Tuesday, Oct. 14. 

After that, local and state authorities will have the power to seize products. Those who violate the order can be subject to a fine of $500 daily while the sales continue. The order does not include non-intoxicating hemp products.

Unlike Ohio’s highly regulated recreational marijuana industry, intoxicating hemp products contain THC derived from hemp, and are not subject to the same rules as licensed cannabis businesses. The product landscape is vast, ranging from edibles and vapes sold in smoke shops to products made by major marketers.

The federal Agriculture Improvement Act of 2018, known as the Farm Bill, created an unintentional legal loophole when it removed hemp and its seeds from the Drug Enforcement Administration’s list of controlled substances. The move was done to promote industrial hemp. DeWine signed a similar bill in Ohio in 2019 for the same reason.

DeWine’s order, which declares a public health state of emergency, will last for 90 days. After that, the order will automatically expire unless state lawmakers vote to extend it.