Ohio Governor Mike DeWine has declared a consumer product emergency and signed off on an executive order banning the sale of intoxicating hemp products in the state for 90 days.
Like many other states, Ohio has been grappling with the issue of intoxicating hemp products that are created by manipulating the non-intoxicating cannabinoid cannabidiol (CBD) derived from hemp. These products sit outside the cannabis control program in a number of states that have been scrambling to put controls in place.
It was in January last year Governor DeWine urged the Ohio General Assembly to work quickly to regulate intoxicating hemp and the sale of such products to children, and encouraged retailers to remove items from their shelves. While the state’s General Assembly continues to work on related legislation, Governor DeWine is putting emergency rules in place that will be active for 90 days.
Administrative law rule changes usually take some months, but the Governor’s long-standing Emergency Rule Authority allows such changes. He has also declared a consumer product safety emergency.
The definition of hemp and hemp products in Ohio will be changed to exclude intoxicating hemp, making such products illegal.
Coming into effect on October 14, the order compels retailers to remove intoxicating hemp products from sale. After that, local and state authorities will be able to seize products and fine offending retailers $500 a day.
“Intoxicating hemp products are known to have significant impacts on young, developing brains, yet these products are legally marketed to kids, sold to kids, and ingested by kids in Ohio,” said the Governor. “Today, I signed an executive order that takes action to keep these dangerous products out of the hands of Ohio children.”
The Governor says the order does not apply to non-intoxicating hemp products legalized by the General Assembly in 2019 or legal marijuana sold in licensed dispensaries.
“I want to again make it very clear what the voters passed in legalizing marijuana and the situation today in regard to intoxicating hemp – they are very, very different,” he said.
According to the Governor, Ohio Poison Control Center data indicates reported exposure to delta-8 and delta-9 THC has increased 200% in the past couple of years in those aged 19 years or younger. For the under 5 years old age group, it has tripled.
