Ohio issues 90-day ban on THC gummies, hemp drinks amid safety concerns. What's still legal?

Ohio declares a “consumer product emergency,” blocking stores from selling unregulated THC edibles and beverages.

Ohio Governor Mike DeWine has declared what he is calling a “consumer product emergency,” ordering an immediate, 90-day ban on intoxicating hemp products across the state, including THC-infused gummies, beverages, and other so-called “diet weed” items that have quietly flooded gas stations, vape shops, and corner stores. The ban goes into effect on October 14 at 12:01 a.m., and it is raising plenty of questions for both consumers and businesses.

Ohio Governor Mike Dewine’s New order bans the sale of all THC gummies and drinks in the state. Here’s what’s still legal.(Unsplash)

What exactly is banned by Mike DeWine?

Under DeWine’s order, stores are barred from selling or displaying any product that contains intoxicating hemp. That means THC-laced gummies, seltzers, and other hemp-derived items are now off-limits. Shops will be required to remove them from shelves and either return them to the manufacturer or hand them over to law enforcement for disposal.

For now, the governor’s declaration lasts 90 days, unless state lawmakers choose to extend or amend it. Ohio’s House Speaker Matt Huffman said legislators may revisit the issue in the next two months, but as of now, the emergency stands.

What happens next?

The governor’s move comes after months of waiting for lawmakers to act on what he has described as a growing safety concern. “Intoxicating hemp is dangerous, and we need to better protect our children,” DeWine said when announcing the order. His statement follows reports of hemp-based edibles and drinks being sold without proper testing or age restrictions.

Earlier this year, the Ohio Senate passed Senate Bill 86, which would require all hemp-derived THC products to be sold only in licensed marijuana dispensaries to customers 21 and older. The bill has yet to become law.

Marijuana remains legal

This emergency order does not affect Ohio’s recreational marijuana program, which voters approved in 2023. Dispensaries that sell regulated cannabis products will continue business as usual.

“Adult Ohioans deserve safe, regulated, and tested products they can trust,” said David Bowling, executive director of the Ohio Cannabis Coalition, stating that the industry has always been invested in the communities where we live and work. “We’ll keep doing that,” he added.

Was hemp legal in Ohio?

Hemp was legalized after the 2018 Farm Bill was signed into law. The bill defined hemp as cannabis that does not exceed the legal limit of 0.3% delta-9 THC, a psychoactive compound found in cannabis.

While the law allowed the production of industrial hemp and CBD, many CBD stores, breweries and gas stations exploited a legal loophole to supply hemp-derived CBD products and other gray market products, per the Cincinnati Enquirer.

Legal challenges likely

Lawmakers, meanwhile, say the hemp boom was built on shaky ground. “Whenever you enter these kinds of endeavors and the regulatory framework is unclear,” Speaker Huffman said, “you go forward at your peril.”

Whether DeWine can issue such a sweeping ban without legislative approval is still unclear. Businesses caught in the crossfire are already weighing lawsuits, arguing the governor overstepped his authority.

FAQs:

When does the Ohio THC ban start?

The ban takes effect on October 14, 2025, at 12:01 am, lasting for 90 days.

What products are banned?

THC-infused gummies, drinks, and other hemp-based intoxicating products are prohibited from sale or display.

Can I still buy marijuana in Ohio?

Yes. The ban does not affect licensed marijuana dispensaries operating under Ohio’s recreational cannabis laws.