Ohio Enacts Temporary Ban on Intoxicating Hemp Products to Protect Public Health

The temporary ban on the sale of intoxicating hemp products in the state of Ohio begins on October 14, 2025, at 12:01am, as stated in the recently signed executive order (1). The order was signed by Governor Mike DeWine on October 8, a press release explained, declaring an Adulterated Consumer Product Emergency due to the risks posed to public health and safety (2).

Health Risks and Poison Control Data on Delta-8 and Delta-9 THC

As the press release explains, the hemp products encompassed in the order contain manipulated, intoxicating compounds sourced from nonintoxicating cannabis, but these compounds are unregulated, lack quality control, and are available for purchase by anyone, including minors. The products are also packaged and marketed as candy, cookies, and gummies similar to commercially available products.

As noted in the press release, according to the Ohio Poison Control:

• From 2021 to 2024, exposures to delta-8-THC and delta-9-THC increased from 419 to 994 in individuals 19 years old and younger
• More than half of the exposures were in children five years old and younger
• Exposures in children up to age five were 202 in 2021 and 555 in 2024
• 90% of exposures involving children 12 and under resulted in a trip to the emergency room
• About two thirds of those exposures resulted in hospitalization

"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," stated Governor DeWine in the press release. “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.”

The intoxicating hemp products are sold in locations near schools, playgrounds, and churches, the order adds.

In November 2023, Ohioans voted to pass Issue 2, allowing legal recreational cannabis to be sold and cultivated in the state (3).

How the 90-Day Ban Impacts Retailers

The executive order does not apply to legal, nonintoxicating hemp products, and the ban is set to expire after 90 days, unless modified or terminated by Governor DeWine.

Retailers must remove all intoxicating hemp products from public display during the emergency ban, no intoxicating hemp products may be sold during the ban, and retailers that keep the products for sale may be fined $500 for each day the products are available for purchase.

The Ohio Department of Agriculture (ODA), along with other local state authorities, will be able to seize the products still for sale. The ODA has also been directed to change the administrative rules surrounding the definition of legal hemp products. As a result, the Ohio Administrative Code will exclude intoxicating hemp in the definition of legal hemp. The normal rulemaking procedures are suspended by the executive order, and the rule will be valid for 120 days allowing the Joint Committee on Agency Rule Review to allow for the regular rulemaking process.

Ohio’s Broader Plant Regulation Efforts: Kratom Restrictions

Similar to the adulterated compounds made from the cannabis plant, a synthetic compound known as 7-hydroxymitragynine (7-OH) made from kratom leaves has also been the subject of restrictions in Ohio. In August, Governor DeWine announced he had called upon the state Board of Pharmacy to designate 7-OH as a Schedule I substance, stating the compound posed a public health risk and was essentially an opiate that anyone, including minors, could purchase (4).

References

1. Mike DeWine. Executive Order 2025-05D. October 8, 2025. https://content.govdelivery.com/attachments/OHIOGOVERNOR/2025/10/08/file_attachments/3416727/Signed%20EO%202025-05D.pdf (accessed October 13, 2025).
2. Mike DeWine. Governor DeWine Declares Consumer Product Emergency for Intoxicating Hemp. October 8, 2025. https://governor.ohio.gov/media/news-and-media/governor-dewine-declares-consumer-product-emergency-for-intoxicating-hemp (accessed October 13, 2025).
3. McEvoy, E. Legal Recreational Cannabis in Ohio Becomes Entangled. December 26, 2025. https://www.cannabissciencetech.com/view/legal-recreational-cannabis-in-ohio-becomes-entangled (accessed October 13, 2025).
4. McEvoy, E. Ohio ban on both natural and synthetic kratom compounds paused. September 4, 2025. https://www.nutritionaloutlook.com/view/ohio-ban-on-both-natural-and-synthetic-kratom-compounds-paused (accessed October 13, 2025).