Ohio’s new law banning intoxicating hemp products and THC and CBD drinks goes into effect

Changes made by Republican state lawmakers to Ohio’s ballot-passed weed bill have gone into effect, including new criminal charges as well as a new state ban on intoxicating cannabis – which includes THC and CBD beverages.

Ohio Senate Bill 56 went into effect on Friday after Ohioans voted on Cannabis Choice failed to collect enough signatures holding a referendum on November ballots in which voters could block the bill.

“Customers looking for our products are often the same customers who struggle with stress, sleep, pain and anxiety and don’t want to get high,” said Joey Ellwood, a hemp farmer in Tuscarawas County.

“They may have to turn to pharmaceuticals. They may have to drive across state lines. That’s a really big question mark. They may have to take an undue burden of pain, stress, sleep and anxiety.”

He said the new law would impact 6,000 Ohio businesses.

“It’s a lot of work,” Ellwood said.

Mark Fashian was president of hemp products wholesaler Midwest Analytical Solutions in Delaware, Ohio, but is moving out of state.

“I know I can’t sell it in Ohio anymore,” he said. “(Friday) morning I would be considered a criminal. It’s just unheard of. I can’t believe our politicians actually thought this was a good idea.”

He has worked with over 500 stores across Ohio that sell intoxicating cannabis products.

“Everyone calls me in a panic, and I tell them the same thing: If I were you, I would take every product off the shelf and out of the store,” Fashian said.

AND a lawsuit was filed this week in the Franklin County Court of Common Pleas to block the bill from taking effect.

Saucy Seltzer from Cleveland, Californian cannabis beverage producer Uncle Arnie’sIllinois hemp producer Organic Pharma Techs and federal hemp license holder Amy Ellwood have filed a lawsuit against the state.

The plaintiffs are seeking a short-lived restraining order to stop the law from going into effect.

“Without immediate relief, plaintiffs will cease their operations in Ohio on March 19, 2026, thereby suffering irreparable harm,” the lawsuit says.

“If they don’t go bankrupt, they risk at least being charged with marijuana possession and human trafficking.”

At the federal level, Congress voted in November to ban products containing 0.4 milligrams of total THC per package when it voted to reopen the government.

Previously, the 2018 Farm Bill stated that hemp could be grown legally if it contained less than 0.3% THC.

The federal hemp ban comes with a one-year delay, but states can create their own regulatory framework before then.

The Ohio Cannabis Coalition is excited to see the new law take effect.

“SB 56 gives law enforcement clear authority to ensure that intoxicating THC products are no longer freely sold to children in thousands of locations across Ohio,” OHCANN Executive Director David Bowling said in a statement.

“This law will prevent unregulated products from reaching children and strengthen public safety across Ohio.”

Drinks with THC

Ohio lawmakers included a THC-containing beverage provision in the bill that would allow this five-milligram THC drinks by the end of December, but Ohio Governor Mike DeWine vetoed the provision when he did signed the act, which entered into force in December.

“We don’t believe the governor had the power to veto on individual items. He essentially changed the bill other than the appropriations issues,” said Bobby Slattery, founder of Fifty West Brewing Company in Cincinnati.

Fifty West Brewing Company, Urban Artifact, Washington Cycling Frog and Sarene Craft Beer Distributors filed suit lawsuit earlier this month in Ohio Supreme Court challenging DeWine’s veto of THC beverage regulations.

“It’s Not Over (THC Drinks in Ohio)” Slattery. “I think this is a needed product for Ohioans.”

Fifty West Brewing makes Sunflower THC Seltzer, and customers were buying it in massive quantities this week before the ban, Slattery said.

“A lot of people are panicking right now,” he said. “They don’t know where to go if their drinks are taken away.”

Fifty West Brewing made about $1.5 million from Sunflower THC sales last year and is on track to make about $3 million from it this year, Slattery said.

“We were at a point this year where we thought we could produce more THC-infused beverages than beer,” he said.

Slattery said some of his customers may opt for a THC-containing drink if they want to limit their alcohol consumption.

“What we saw with Sunflower was a space between a non-alcoholic drink and an alcoholic drink, sort of a middle ground,” Slattery said.

Marijuana law

Ohio’s new law will change Ohio’s current marijuana law, which Ohioans voted for legalize marijuana in 2023. Recreational sales started in August 2024, and sales amounted to over $836 million in 2025.

THC levels in adult-use marijuana extracts will be lowered from a maximum of 90% to a maximum of 70%, THC levels in adult-use marijuana extracts will be narrow to 35%, and smoking will be banned in most public places.

It would prohibit possession of marijuana outside its original packaging and criminalize bringing legal marijuana from another state back into Ohio.

The legislation also requires drivers to keep marijuana in the trunk of their car while driving.

“The bottom line is that it will only benefit the unregulated market,” he said. Morgan Fox, political director of the advocacy group National Organization for the Reform of Marijuana Laws (NORML).

“People are being pushed into an unregulated market, which only harms them because they have less access to lab-tested and quality-controlled products, whether for financial reasons or simple lack of access, which potentially puts consumers at risk.”

The law will criminalize again marijuana, he said.

“I think most people won’t be aware of this and unfortunately it will result in a lot of unnecessary arrests for voter-approved behavior,” Fox said.

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