Governor Rejects THC Beverage Provision
Ohio Governor Mike DeWine has exercised his veto power to remove a provision from Senate Bill 56 that would have permitted the sale of THC-infused beverages. The decision was announced on December 19, 2023, as part of broader legislation imposing restrictions on intoxicating hemp products and establishing penalties for marijuana use, despite voters legalizing cannabis earlier that year.
"They cannot be sold," DeWine stated regarding the THC drinks. He indicated that retailers and manufacturers were aware that continuing production and sales was unlikely. The governor is expected to sign the bill imminently.
Background and Industry Response
In October, speculation about an executive order banning THC-infused seltzers prompted retailers and manufacturers to rapidly sell off inventory. Although a court order temporarily halted DeWine's action, lawmakers proceeded with Senate Bill 56. Businesses are anticipated to conduct another sell-off before mid-March, when the law takes effect.
DeWine emphasized the need for Ohio to align with federal hemp regulations. The new law mandates that hemp products containing over 0.4 milligrams per container be sold exclusively in licensed marijuana dispensaries, reflecting a federal hemp ban enacted by Congress.
Legislative Details and Broader Impact
The original bill included an exception for THC-infused beverages, allowing breweries and bars to sell drinks with up to 5 milligrams of THC per serving until 2026. DeWine vetoed this section. Hemp products have faced minimal regulation since the 2018 Farm Bill, prompting DeWine to urge lawmakers to restrict sales, particularly to prevent children from mistaking packaging for candy. His earlier executive order banning intoxicating hemp was blocked by a judge as unconstitutional.
Senate Bill 56 extends beyond hemp sales, introducing several provisions:
- Allocating nearly $100 million in revenue to municipalities and townships with dispensaries.
- Permitting restrictions on unemployment benefits, organ transplants, rental homes, and parenting time based on marijuana use.
- Requiring marijuana products in vehicles to be stored in the trunk in original packaging.
- Banning marijuana smoking and vaping except in private residences, exceeding Ohio's cigarette smoking ban.
- Prohibiting smoking and home cultivation in transitional housing and childcare facilities.
Opponents argue these measures contradict the will of Ohio voters, who supported marijuana legalization by a 57%-43% margin in 2023.
