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Ohio’s 90-Day Ban on Intoxicating Hemp Takes Effect Tuesday as Lawsuits and Legislative Pushback Mount

DeWine says the pause is needed to protect kids from look‑alike THC candies sold in an unregulated market.

Overview

  • The order defines intoxicating hemp as more than 0.5 milligrams of THC per serving or over 2 milligrams per package, including Delta‑8, Delta‑9 and THCA.
  • It covers manufacturers, warehouses and retailers statewide, but excludes non‑intoxicating hemp and marijuana sold through licensed dispensaries.
  • Retailers must pull products by Tuesday or face seizures by the Ohio Department of Agriculture and $500‑per‑day fines during the 90‑day ban.
  • Three companies—Fumee Smoke and Vape, Invicta Nutraceuticals and Titan Logistics Group—have sued in Franklin County, arguing the governor exceeded his authority under state and federal law.
  • Republican Rep. Tex Fischer plans to file a resolution under a 2021 law to end the order after 30 days, citing harm to compliant beverage makers and other legitimate businesses.