The emergency order requires all Ohio retailers—including gas stations, vape shops, and convenience stores—to cease the sale and remove all intoxicating hemp products from public display by Tuesday, October 14, 2025, at 12:01 a.m.
“Intoxicating hemp is dangerous, and we need to better protect our children,” Governor DeWine stated during a press conference. He held up examples of intoxicating hemp products with packaging that closely mimicked popular candies like Gushers, Sour Patch Kids, and Nerds Gummy Clusters. “These products are legally marketed to kids, sold to kids, and ingested by kids in Ohio,” he stressed.
The Governor pointed to alarming data from the Ohio Poison Control Centers, which show a sharp increase in reported exposures to delta-8-THC and delta-9-THC among minors. Cases involving children aged 19 or younger nearly doubled from 2021 to 2024, with nearly 90% of children under six exposed to these products requiring emergency department care.
The Executive Order’s Key Actions:
* 90-Day Sales Ban: Retailers must stop selling intoxicating hemp products, including THC-infused gummies, edibles, and beverages.
* Adulterated Product Declaration: The order classifies these items as an “Adulterated Consumer Product Emergency,” granting the Governor authority under Ohio Revised Code to act on a public health threat.
* Redefining Hemp: The order directs the Ohio Department of Agriculture (ODA) to enact an emergency rule that will change the administrative code’s definition of “hemp” to exclude “intoxicating hemp.” This change effectively makes the products illegal for general sale.
* Enforcement: After the October 14 deadline, state and local authorities, including the ODA, will have the authority to seize intoxicating hemp products. Retailers who continue to sell the products face daily fines of $500.
* Exclusions: The order does not affect the regulated sale of recreational marijuana at licensed dispensaries to those 21 and older, nor does it apply to non-intoxicating CBD and industrial hemp products.
The ban targets products like Delta-8 THC, which are created by chemically manipulating non-intoxicating compounds from legal hemp. Since these products are not sold under the state’s regulated cannabis program, they have no age restrictions, quality control, or mandated testing.
The 90-day emergency ban is intended to give the Ohio General Assembly time to pass permanent legislation to either fully ban or tightly regulate the sale of these products. Lawmakers have been debating various bills, including proposals that would limit sales to licensed marijuana dispensaries and impose stricter testing and packaging requirements.
The move has drawn criticism from the hemp industry. The Ohio Healthy Alternatives Association (OHHAA) announced a lawsuit challenging the Governor’s authority, arguing that the products were federally legalized and the total ban will lead to significant job losses and economic impact. The association favors regulation, including age limits and safety testing, over an outright prohibition.
Governor DeWine maintained his position, stating, “It is absolutely absurd that a 14-year-old or 13-year-old can walk into the store and buy this stuff. It’s never what anybody intended when the hemp law was passed.”