Public Health Emergency Declared
Ohio Governor Declares Public Health Emergency on Intoxicating Hemp Products
Published on October 27, 2025
A Sweeping Ban Takes Effect
COLUMBUS, Ohio — Governor Mike DeWine has issued a public health emergency order effectively banning the sale of intoxicating hemp products across Ohio, marking a dramatic intervention in the state's rapidly evolving cannabis market. Announced on October 8, 2025, the executive action requires retailers to halt sales by October 14, citing risks of youth exposure and unregulated potency. This move, the first of its kind in the U.S., arrives as the Ohio House advances complementary legislation to regulate hemp-derived THC, signaling a multi-pronged crackdown on the "hemp loophole."
The Emergency Order: Scope and Rationale
Under the order, all intoxicating hemp products—such as delta-8 and delta-9 THC gummies, vapes, and edibles—must be removed from shelves at convenience stores, gas stations, and other non-dispensary retailers. DeWine's declaration invokes the state's consumer protection laws, allowing for immediate enforcement without legislative approval. The governor highlighted alarming trends, including a 150% spike in emergency room visits among minors related to these products since 2023, and cases of children mistaking them for candy.
"These products are being sold in gas stations and convenience stores without any regulation, without any testing, and without any regard for the safety of our children," DeWine stated in a press conference. The ban applies statewide, with the Ohio Department of Agriculture tasked with inspections and potential seizures. Violators face fines up to $10,000 per day, though exemptions exist for licensed medical cannabis operators.
Context: The Rise of Intoxicating Hemp
The order targets a gray market explosion fueled by the 2018 federal Farm Bill, which legalized hemp with less than 0.3% delta-9 THC by dry weight. This loophole enabled the proliferation of high-potency alternatives like delta-8, evading state cannabis bans. In Ohio, sales of these products reached an estimated $500 million in 2024, undercutting the nascent legal adult-use market launched in August 2024, which has generated $871 million in revenue to date.
Public health experts, including the CDC and FDA, have issued repeated warnings about contamination, inaccurate labeling, and addiction risks. Ohio's action follows similar scrutiny in states like Texas and Florida, where attorneys general have sued manufacturers for deceptive marketing.
Legislative Response: House Bill 25 and Beyond
Complementing the emergency order, the Ohio House passed House Bill 25 on October 22, 2025—the 18th iteration of a reform package—aiming to formalize hemp regulations post-emergency. The bill would limit intoxicating hemp sales to licensed dispensaries, impose excise taxes, and require lab testing, while also restricting public marijuana consumption and banning cannabis-infused beverages. It now awaits Senate approval, where amendments could address concerns over THC drinks and small business impacts.
Rep. Jamie Callender (R-Lake County), a bill sponsor, described it as a "Venn diagram from hell" reconciling voter-approved legalization with safety imperatives. The Ohio Cannabis Industry Association supports the framework but urges protections for compliant hemp producers, warning that overregulation could drive sales underground.
Reactions and Economic Ripples
The ban has elicited sharp divides. Retailers like Circle K and Speedway report pulling thousands of products, facing inventory losses estimated at $100 million statewide. Hemp advocates decry it as government overreach, arguing for regulation over prohibition to preserve jobs in a sector employing 5,000 Ohioans. Conversely, child safety groups and parents hail it as a necessary safeguard, with one mother whose child overdosed on delta-8 gummies testifying: "These aren't harmless—they're hidden in plain sight."
Economically, the order disrupts a market projected to grow 30% annually, but proponents say it bolsters the legal cannabis sector, which could see boosted sales through exclusive dispensary access. As of October 6, 2025, 147 municipalities have enacted moratoriums on adult-use businesses, complicating the landscape further.
Looking Ahead
DeWine's emergency could last up to 30 days but may extend via legislative action. With the Senate eyeing HB 25 in November, Ohio is poised to pioneer a hybrid model: strict hemp controls alongside expanding medical and recreational access. Nationally, the move pressures Congress to close the Farm Bill loophole during reauthorization debates.
Conclusion
Ohio's hemp emergency underscores the urgent need for coherent cannabis policy in a post-legalization era. By prioritizing youth protection, the state navigates the fine line between innovation and risk. How should Ohio balance these interests? Weigh in below.
Stay updated via the Ohio Governor's office and Department of Agriculture.
References
- Governor's Office, "Governor DeWine Declares Consumer Product Emergency for Intoxicating Hemp," October 8, 2025. Link
- Health Policy Ohio, "DeWine Declares Public Health Emergency, Bans Sales of Intoxicating Hemp Products," October 10, 2025. Link
- Cannabis Business Times, "Ohio House Passes Cannabis, Hemp Bill Resulting From 'Venn Diagram From Hell'," October 22, 2025. Link
- Signal Ohio, "Ohio House Passes Bill to Tax Hemp, Bans Public Marijuana Use," October 22, 2025. Link
- Moritz College of Law, "Ohio Marijuana Moratoriums," October 6, 2025. Link
