Gov. Mike DeWine’s Wednesday declaration of a public health emergency effectively banning the sales of intoxicating hemp products — at least temporarily — was met with a range of reactions from support to condemnation.
The governor’s order directs all consumer products containing intoxicating hemp to be removed from public display by all retailers and means that no products containing hemp may be sold or offered for sale during the duration of the emergency. The order will last for 90 days. After that, the order will automatically expire unless state lawmakers vote to extend it.
One lawmaker blasted the decision as a sweeping measure that will hurt Ohio businesses.
State Rep. Tex Fischer, a Mahoning County Republican who’s been a leading advocate of marijuana access in the legislature, said Wednesday he agrees with DeWine that hemp products targeting children should be taken off the shelves. But shutting down the entire industry is wrong, he said.
DeWine’s order will result in hundreds of Ohio hemp businesses having to destroy or turn over millions of dollars’ worth of inventory, lay off thousands of workers, and perhaps close permanently, he argued.
“This is an issue that needs addressed with a scalpel, and he’s taking the machete approach,” Fischer said.
Fischer’s comments mirror concerns expressed by some in the hemp industry.
Jonathan Miller, general counsel for the U.S. Hemp Roundtable, expressed “deep concern and strong opposition” to the executive order in a statement released Wednesday. U.S. Hemp Roundtable describes itself as the nation’s leading hemp business advocacy organization.
The organization supports reasonable safeguards to ensure product safety and prevent youth access, Miller said. But that the governor’s ban went beyond protecting consumers.
“We share the governor’s goal of keeping unsafe or youth-targeted products off the shelves,” Miller said. “But this action unfairly targets responsible American hemp companies that follow the law and operate transparently. Instead of prohibition, Ohio should pursue regulation — setting age limits, mandating independent third-party testing, requiring accurate labeling, and ensuring products are made with American-grown hemp.
The federal Agriculture Improvement Act of 2018, known as the Farm Bill, created an unintentional legal loophole when it removed hemp and its seeds from the Drug Enforcement Administration’s list of controlled substances. The move was done to promote industrial hemp but also unintentionally created a gap in regulation. DeWine signed a similar bill in Ohio in 2019 for the same purported reasons.
The landscape of products which contain THC is vast, ranging from edibles and vapes sold in smoke shops to products made by major marketers. Beverages containing THC have become popular in adult spaces such as restaurants and breweries, including major retailers such as Great Lakes Brewing.
DeWine has pressed for regulations for two years, and on Wednesday displayed several hemp products that had packaging that mimics popular candies, such as Sour Patch, Nerds, and Gushers, to make his point.
Related: DeWine declares public health emergency, orders intoxicating hemp products off shelves
DeWine’s order halts the sale of these products while Ohio lawmakers continue to come up with legislative solutions.
Ohio House Speaker Matt Huffman said Wednesday that the governor’s action “stirs up the water,” to perhaps get lawmakers to pass some sort of hemp legislation by Thanksgiving.
“I think that this stirs up the water,” Huffman said. “It gets everybody wanting to move.”
Mark Fashian, president of hemp product wholesaler Midwest Analytical Solutions in Delaware, Ohio, said he has never seen the types of child-oriented products that DeWine denounced. But, Fashian said, DeWine’s order will force him to close his doors and lay off several workers.
“Literally, as soon as this goes into effect, we’re out of business,” Fashian said Wednesday.
DeWine’s s actions also garnered some support from organizations such as the Ohio Manufacturers’ Association and the Ohio Cannabis Coalition.
“Manufacturers across Ohio are deeply concerned about the spread of intoxicating hemp products and their impact on workplace safety,” Ohio Manufacturers’ Association President Ryan Augsburger said.
“These products have created real challenges for employers seeking to maintain safe, drug-free workplaces.”
“Adult Ohioans deserve safe, regulated, and tested products they can trust. Our industry has always been invested in the communities where we live, work, and do business, and we will continue that commitment,” Ohio Cannabis Coalition Executive Director David Bowling said.