Yesterday Ohio Gov. Mike DeWine signed an executive order declaring a consumer product emergency that temporarily bans the retail sale of so-called “intoxicating hemp” products — think delta-8/delta-10 gummies, beverages and novelty edibles often sold at gas stations and convenience stores. The order goes into effect Oct. 14 and lasts 90 days unless renewed or replaced by legislation; during that period retailers must remove these products from public sale or face daily fines and possible seizure by state and local authorities.
Why the governor acted now
DeWine framed the move as an urgent public-health intervention. State officials cited a sharp rise in pediatric poison center calls and accidental exposures — particularly among very young children — linked to packaged intoxicating hemp products that mimic candy or juice items. Medical and public-safety officials at the press event warned of symptoms ranging from severe drowsiness to neurological effects and respiratory problems in small children who ingest these concentrated cannabinoids. That data formed the core justification for using emergency rule authority rather than waiting for a slower legislative process.
What’s covered — and what’s not
The order targets intoxicating hemp products — broadly those derived from hemp but engineered or concentrated to produce psychoactive effects (delta-8, delta-10, certain THC-A products and other hemp-derived intoxicants). DeWine was careful to stress the ban does not apply to (1) non-intoxicating hemp goods like CBD topicals and many CBD oils, or (2) marijuana sold through Ohio’s licensed adult-use dispensaries, which remain regulated and age-restricted.
Legal and regulatory context
The products at issue occupy a legal loophole created by the 2018 Farm Bill: hemp with less than 0.3% delta-9 THC is federally legal, and manufacturers then used chemistry to produce other intoxicating cannabinoids that escaped many existing rules. That loophole has prompted a patchwork of state responses, court fights, and now more aggressive executive and legislative action nationwide. Ohio’s emergency order pushes the state into the camp using immediate administrative authority to remove products from the market while lawmakers consider long-term rules or bans. MedicateOH has previously documented how multiple states and federal proposals are trying to “close the loophole” created by the Farm Bill.
What the order requires of retailers — and what penalties apply
Retailers have until Oct. 14 to stop sales; they must either segregate inventory for law enforcement or remove intoxicating hemp products from public display. The governor’s office said officials could seize products after the deadline, and retailers who continue selling could face fines (reports cite a penalty figure of roughly $500 per day while noncompliant products remain on sale). Some convenience stores and independent sellers have argued they already enforce 21+ checks or rely on wholesale suppliers; others say this inventory is a significant part of their business.
Reaction from the industry, lawmakers, and the public
Responses were split. Public-health officials, some lawmakers and parents welcomed rapid action to protect children. Several state senators have been working on bills that would regulate or ban these products, and DeWine framed the order as a bridge while the legislature does its job. Conversely, small retailers and some hemp businesses called the move sudden and economically painful for businesses that sell these products outside the regulated dispensary system.
On social media and community forums — notably Reddit threads in r/Ohio and r/Columbus — reactions ran from support for protecting kids to anger over perceived executive overreach and concern about legal inconsistency with existing state law. Those threads are useful snapshots of how consumers and small sellers are processing the news in real time.
The public-health case: evidence and caveats
State officials cited poison center data showing increases in pediatric exposures tied to hemp-derived cannabinoids. Hospitals and pediatricians have reported troubling cases, which make a compelling emergency narrative.
That said, advocates for regulated cannabis and hemp industries caution that not all hemp-derived products are alike — quality, labeling, dosing and distribution channels vary widely.
Critics of blanket bans point out that removing products from licensed channels without creating a regulated pathway can simply push consumers to the black market or to untested home-brewed products, introducing other risks. The debate about how to protect children while preserving access to regulated therapeutic options is central.
A Question of Accountability
“…designed clearly to mimic candy…designed clearly to entice children to consume these [intoxicating hemp products]” – Governor Mike DeWine
While Governor DeWine’s concerns about child-friendly packaging are understandable, a countervailing argument suggests the core issue lies less with the products’ existence and more with the responsibility of the adults who purchase them. The comparison to other household dangers is telling. Society universally agrees that firearms must be stored in locked safeties, prescription narcotics kept in child-proof containers, and alcohol secured out of reach of minors. These are common-sense measures to prevent tragic accidents. Intoxicating hemp products, which are legally sold as adult-use items, should be subject to the same standard of parental vigilance. The primary failure occurs not when a product is designed to taste appealing—a trait common to everything from energy drinks to flavored vodkas—but when it is carelessly left accessible to a child.
Critics of the ban argue that penalizing an entire industry and restricting adult access due to the negligence of a few sets a problematic precedent. The vast majority of consumers purchase these products responsibly and use them without incident. Demonizing the industry for the actions of a handful of irresponsible parents shifts the focus from personal accountability to product prohibition. Rather than an immediate ban, a more measured approach could involve a public awareness campaign emphasizing secure storage, similar to those for laundry pods and cleaning chemicals, coupled with stricter enforcement of existing laws against selling to minors. This would address the root cause of the poisonings without dismantling a legal market that serves countless adults.
Where this leaves medical-cannabis patients and advocacy groups
For MedicateOH’s audience — patients, caregivers, and clinicians interested in cannabis as medicine — the short-term impact is mixed.
Legitimate medical patients who rely on licensed dispensary access should see no loss of regulated cannabis supply. However, patients using hemp-derived products outside the dispensary system for symptom relief could find some options temporarily unavailable.
This moment also spotlights the uneven landscape for therapeutic hemp products: without consistent testing, labeling, and age restrictions, some patients turn to the convenience market — a dynamic that advocates have long warned is unstable and potentially unsafe. The emergency action gives advocates an opening to push for clear, science-based regulation that distinguishes safe, lab-tested medical products from unregulated novelty items.
Reactions from Small Business Leaders in the Industry
Joseph Brennan who owns the Columbus Botanical Depot had this to say: “We will all be forced to go to the local dispensaries for our ‘dietary supplements’ (hemp). Which they don’t sell, and have sent their customers to Columbus Botanical Depot for years now for CBD. CBD full spectrum is also on the chopping block due to the trace amounts of THC contained within the oil.”
Brennan continued: “This will cause many Ohioans to suffer physically by not being able to purchase hemp products over the counter at stores like mine and many others. This is a death sentence to not only what I built over 13 years, but a community of grandma’s and grandpa’s and families who depend on this miracle plant.”
Said advocate Alex Beck (formerly of Ohio licensed processor Innovative Healing Solutions: “If you’re out there selling intoxicating hemp products including THCA, it looks like the game is about to change! The farm bill loophole and tainted biomass was literally part of how the lab got screwed months ago so good riddance. If you’re peddling poison and targeting kids, you have no right to be in the game. I know some of you did it right, and I know a lot of people that didn’t. Hopefully they allow legal processors the right to utilize these compounds to help people going forward.”
What to expect next
- Enforcement begins Oct. 14. Retailers should comply or face fines/seizure.
- Legislature: expect fast-moving bills either to codify a ban or to build a regulatory framework (age limits, testing, packaging rules). Some lawmakers already have proposals in play.
- Federal action: proposed changes to federal hemp definitions remain in play and could make state efforts easier or moot depending on timing.
How MedicateOH readers can engage
For advocates who want a mature, safe market for medicinal cannabinoids, the coming 90 days are an opportunity to push for science-based regulation — not simply prohibition — that protects kids, supports small legitimate businesses, and preserves access to therapeutic plant-based options.
Other Ways to Learn More/Advocate at the Statehouse:
Ohio’s NORML chapter will produce a series of town halls, with the first at the Bexley Public Library on Sunday, October 19, from 2:00pm-4:30pm.
Follow advocacy groups such as Ohio Cannabis Consumers Coalition on Facebook and @civicscannabis on Instagram for ongoing information regarding the changing cannabis laws.
Representatives from Civics Cannabis will be doing polling at our upcoming Women’s Cannabis & Wellness Expo on November 1st in West Chester, Ohio. More info
Follow our newsletter, where we’ll continue to monitor the rollout, report enforcement developments, and explain how proposed legislation could affect patients and consumers of cannabis and hemp products across Ohio.
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Our company manufactures and sells CBD and THC products. We have ZERO interest in selling any product to any underage person, nor would we want our products in the hands of children. Why create something for a short-term gain and long-term problems? That’s not only bad business but an amazingly stupid business model. If you’re making products that mimic the look of kids’ candy, you deserve what you get. Bad actors will destroy this industry and the valuable work we do.