Ohio’s new restrictions on intoxicating hemp products are set to take effect at midnight following a ruling by a Franklin County judge who denied a last-minute request to block the law.
New Regulations Under Senate Bill 56
Judge Jaiza Page’s decision allows Senate Bill 56 to go into effect, limiting where intoxicating hemp products can be sold. The law stipulates that these products can only be purchased at approved marijuana dispensaries within the state and bans the sale of THC drinks.
The new law faces legal challenges. Several out-of-state businesses filed a lawsuit this week arguing that the law interferes with interstate commerce and conflicts with the federal 2018 Farm Bill.
Legal Arguments and State Response
Andrew Malye, an attorney representing the businesses, characterized the law as “economic protectionism” and “a trade war” against the 2018 Farm Bill. The state opposed blocking the law, asserting the need for regulation of intoxicating hemp sales, which had previously been unregulated in Ohio.
An attorney from the Ohio Attorney General’s Office raised concerns about accessibility, stating that a minor could purchase intoxicating hemp products, described as “candy,” at a gas station.
The businesses involved in the lawsuit suggested alternative solutions, such as implementing age restrictions, product testing, and labeling requirements.
A separate lawsuit concerning Ohio’s hemp regulations is as well pending before the Ohio Supreme Court, though a ruling is not expected immediately.
Frequently Asked Questions
What does Senate Bill 56 do?
Senate Bill 56 places adult-use marijuana under the Division of Cannabis Control, caps marijuana dispensaries at 400 statewide, establishes buffer requirements from schools, playgrounds, and churches, and ends the sale of unregulated intoxicating hemp products.
Where can intoxicating hemp products be purchased after the law takes effect?
Intoxicating hemp products can only be bought in licensed marijuana dispensaries following the governor’s line-item veto.
Is there ongoing legal action related to this law?
Yes, a lawsuit has been filed by several out-of-state businesses arguing the law interferes with interstate commerce and conflicts with the federal 2018 Farm Bill. A separate lawsuit is also pending in the Ohio Supreme Court.
As the legal challenges unfold, it remains to be seen how these new regulations will ultimately impact the hemp and marijuana industries in Ohio.
