Staff report

COLUMBUS, Ohio – Gov. Mike DeWine on Wednesday banned the sale of intoxicating hemp products outside of state-licensed marijuana dispensaries, calling the items a danger to children..

He has banned THC-infused gummies and beverages sold in gas stations, tap rooms and retail shops for 90 days. The affected products include any intoxicating hemp item .

“I am taking action today under my authority as the governor of the state of Ohio to get these products off the streets,” DeWine said.

Under his ban, retailers are required to remove products and cease sales by 12:01 a.m. Oct. 14. After the 90-day ban runs out, it will be up to lawmakers to take steps to regulate intoxicating hemp, the governor said.

DeWine said many intoxicating hemp products mimic the packaging of commonly sold candy for children.

“Intoxicating hemp is dangerous, and we need to better protect our children,” DeWine said.

His executive order also requires removal of all displays of the products and suspends Ohio Department of Agriculture rules on the products.

In response, the state’s craft beer industry issued a call for lawmakers to allow brewers to continue to make and market beer with THC.

The Ohio Craft Brewers Association, representing the state’s more than 400 small and independent breweries, on Wednesday voiced its support for the continued use of THC in its makers’ beverages. It ensured the safe use of the product by the brewers.

In a statement released Wednesday, the association said it supports any rule that would continue the sale of low-dose, intoxicating hemp beverages that are in compliance with the state agriculture department.

“This innovative category offers a vital new revenue stream for our small businesses, meets evolving consumer demands and reinforces Ohio’s position as a leader in craft beverage production,” the association wrote in its press release.

“Gov. Mike DeWine’s public health emergency declaration and ban of the sale of intoxicating hemp products, while well-intentioned, ignores the diligence and rigorousness of the manufacturing practices Ohio craft breweries follow to ensure the safety of all of their products,” the release continues.

The brewer association is asking for the state’s General Assembly to put forth reasonable regulation of these products – with input from responsible manufacturers and sellers of intoxicating hemp beverages – rather than enacting a total ban.

“Ohio’s craft breweries have always been pioneers, exercising their creativity and innovating to meet the ever-evolving tastes of our consumers,” said Mary MacDonald, executive director of the brewers group. “The production and sale of intoxicating hemp beverages are a natural evolution for our industry. They allow local breweries to leverage their existing manufacturing expertise, safety protocols, equipment and distribution networks to tap into the fast-growing markets for alcohol alternatives.”

Aspasia Lyras Bernacki, co-owner of Penguin City Brewing in Youngstown, said only a few brewers in the state offer THC-infused brews. No Youngstown-area brewer, including Penguin City, offers it, she said.

The brewers group said the safe, responsible production of low-dose intoxicating hemp beverages by Ohio craft breweries is a response to clear market demand. It listed the following changes that should steer its support: 

  • Consumer preference shift: A growing number of consumers, particularly younger adults of legal drinking age, are seeking out mindful, low-calorie and nonalcoholic options for social occasions. Intoxicating hemp beverages manufactured by breweries provide a safe and appealing beverage selection.
  • Economic opportunity for local businesses: Ohio’s craft brewing industry currently contributes more than $1.29 billion to the state’s economy and supports thousands of jobs. Diversifying product lines and offering intoxicating hemp beverages provides a crucial new source of revenue, helping brewery taprooms weather economic fluctuations and continue to invest in their communities.
  • A natural fit for craft production: Craft breweries possess the necessary infrastructure – from quality control and production to established distribution channels – to responsibly manufacture and deliver a safe, consistent, high-quality beverage product.
  • Responsible beverage service: Craft brewery taprooms already follow the procedures required for serving alcoholic beverages. All staff are properly trained to verify that patrons consuming these products are of legal age, and they observe responsible service practices to ensure the safety and well-being of all guests.

“Brands including Urban Artifact’s Coastalo, Fifty West Brewing Co.’s Sunflower Seltzer and Seventh Son Brewing Co.’s Green Buddy are already proving the commercial viability of this segment,” MacDonald said. “These products are crafted with the same commitment to quality and transparency that define Ohio craft beer.”

Pictured at top: At left is a legitimate Nerds candy product. At right is an intoxicating hemp product packaged similarly to Nerds candy. (Office of Gov. Mike DeWine)