By Deba Uwadiae & Irina Perry

Ohio State Governor Mike DeWine has signed an executive order banning intoxicating hemp in the state, declaring it an Adulterated Consumer Product Emergency for consumable items containing intoxicating hemp.

The order requires Ohio retailers to cease the sale of all intoxicating hemp products by Tuesday, October 14, 2025.

According to Ohio Revised Code 3715.74, the governor has the authority to declare an Adulterated Consumer Product Emergency if there is reason to believe a product has been adulterated and presents a threat to public health and safety.

Clandestine chemists have created intoxicating hemp by manipulating compounds found in the legal, non-intoxicating hemp plant and creating intoxicating compounds, including delta-8-THC and delta-9-THC that are found in marijuana.

The products create a high similar to marijuana, but unlike marijuana, intoxicating hemp is not regulated and is legal for anyone, including children, to purchase. Intoxicating hemp products have no quality control and are sold in a variety of stores marketed as candy, cookies, gummy candy, and other products that are attractive to youth.

“Intoxicating hemp products are known to have significant impacts on young, developing brains, yet these products are legally marketed to kids, sold to kids, and ingested by kids in Ohio,” said Governor DeWine.

“When voters chose to legalize marijuana, they voted for a highly regulated market that only allows sales at licensed dispensaries to those 21 and older. Intoxicating hemp completely bypasses these laws, and we must do more to keep these products away from kids.”

According to Ohio Poison Control, exposures to delta-8-THC and delta-9-THC among those ages 19 or younger increased from 419 in 2021 to 994 in 2024, with more than half of all cases involving children ages five and under.

The number of exposures in the 0-5 age group nearly tripled with 202 exposures 2021 to 555 in 2024. Ohio Poison Control also reports that about 90% of delta-8-THC and delta-9-THC exposures involving children up to age 12 resulted in an emergency department visit, and approximately two-thirds of these cases required hospitalization.  

The emergency order will not go into effect until Tuesday, October 14, 2025, to give retailers time to remove intoxicating hemp products from their shelves. When the order is active, local and state authorities – including the Ohio Department of Agriculture (ODA) – will have the authority to seize intoxicating hemp products still available for sale. Retailers who continue selling intoxicating hemp could be fined $500 each day the products remain on sale.

Ohio law allows the consumer product safety emergency to be in effect for a maximum of 90 days, unless renewed by the Ohio General Assembly.

The executive order also directs ODA to change the administrative rules that define hemp and hemp products in Ohio. This change to the Ohio Administrative Code will exclude adulterated, intoxicating hemp from the definition of what is considered legal hemp.

The executive order suspends the normal rulemaking procedures to allow for the adoption of the revised definitions. The rule will be valid for 120 days, allowing time for the regular rulemaking process to proceed with the Joint Committee on Agency Rule Review.

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