Ohio Bans Sales of Intoxicating Hemp for 90 Days as Child Safety Concerns Rise

9 October 2025

Ohio bans sales of intoxicating hemp for 90 days, citing child safety, as lawmakers weigh long-term rules

Ohio Gov. Mike DeWine signed an executive order (2025-05D) temporarily banning sales of intoxicating hemp products beginning October 14, 2025.

Key points about the ban:

• Retailers must remove the products from shelves or face a $500 daily fine while they remain available for sale.
• After October 14, state and local authorities may seize intoxicating hemp products.
• The order runs 90 days, through January 12, 2026, and future action rests with the General Assembly.

The directive targets hemp-derived intoxicants sold outside the state’s regulated marijuana dispensary system, including delta-8 products and THC-infused beverages sold at gas stations, smoke shops, and CBD retailers. DeWine said the order amends definitions in Ohio’s Administrative Code so that “intoxicating hemp” is excluded from legal hemp. He stated that Congress did not intend the 2018 Farm Bill to legalize unregulated intoxicants. The order does not affect non-intoxicating hemp or marijuana products sold through licensed dispensaries.

At a press conference, DeWine and medical experts highlighted copycat packaging that mimics popular candies. Examples included “Stoner Patch Dummies,” “Nerdy Bears,” and “Sour Infused Gummies.” Officials noted that some servings exceed 100 milligrams THC, far above typical labeled single-serving doses in adult-use markets. Pediatric toxicologists reported increasing accidental exposures among children since delta-8 products became widely available, including at least 257 poisoning reports in recent years in Ohio, with 102 in 2023 and 40 involving children under six.

The Ohio Healthy Alternatives Association said the order will harm more than 2,000 smoke and hemp shops and thousands of other retailers, calling it a “gut punch” to farmers and small businesses that invested under existing law. The U.S. Hemp Roundtable’s general counsel called the move a misuse of executive power and urged regulation with age limits, independent testing, accurate labeling, and U.S.-grown hemp sourcing. Other advocates said the state should target bad actors while allowing compliant retailers with age-verification to continue operating. State Rep. Tex Fischer said the executive action steps into legislative territory.

Several bills already before lawmakers would regulate intoxicating hemp by restricting sales to adults 21 and over, requiring marijuana-level testing, imposing packaging and labeling rules, adding taxes on certain products, and limiting sales locations to licensed dispensaries. DeWine said he would leave long-term decisions to the legislature but emphasized that the state needs control to prevent sales to minors.

• For consumers, the order removes intoxicating hemp from convenience channels for at least 90 days.
• For businesses, it introduces immediate compliance demands and potential enforcement risk.

The legislature’s response will determine whether Ohio transitions to a regulated framework for hemp-derived intoxicants or continues limits that effectively channel intoxicating THC to the dispensary system.