Governor bans intoxicating hemp

Ohio Gov. Mike DeWine has signed an executive order that bans the sale of intoxicating hemp, starting Tuesday. Intoxicating hemp products, very similar to marijuana, contain chemicals such as Delta 8 THC and are widely sold and unregulated in Ohio. They are sold in places such as smoke shops, gas stations and CBD stores and are widely available in Sandusky, including as gummies and in smokeable form. The temporary order lasts for three months. State lawmakers could then extend it. Alternatively, they could also vote to overturn the governor's order. Lawmakers respond State Rep. D.J. Swearingen, R-Huron, responded quickly when the Register asked about the governor's order, saying that such decisions should be made by lawmakers. "I think that most of Ohio was very clear several years ago during COVID that they don't want their state governed by emergency executive orders," Swearingen said. "This issue is currently being reviewed in the general assembly in the judiciary committee through several different pieces of legislation and that's where the decisions should be made." Swearingen said he leans toward regulation rather than an outright ban. "There are legal hemp products under the 2018 federal farm bill so I'm more inclined to have a regulatory structure in place for those products that's fair and common sense," he told the Register. "Because of the farm bill, there are federally approved products and businesses that are legally operating that would be illegal under the governor's order. So we need to distinguish between the bad actors that aren't following the law and the ones that are," he said. "The governor's ban will almost certainly be challenged as overstepping legislative authority, and I'll leave it to the courts to determine whether his action falls within legal bounds. It's clear that the governor wants the issue of intoxicating hemp addressed, but the legislature has yet to reach consensus on how to regulate it," said state Rep. Kellie Deeter, a Norwalk Republican. "His order may or may not prompt that consensus. Several members are actively developing policy proposals, but the combination of budget negotiations, property tax reform, and redistricting has understandably delayed focus on this issue," she said. "I'm looking into it," said state Rep. Gary Click, R-Vickery. "I believe something needs to be done. I'm withholding judgment for the moment." Immediate comment was not available Thursday afternoon from state Sen. Theresa Gavarone, R-Bowling Green. DeWine: Intoxicating hemp 'sold to kids' There are no laws regulating the sale of intoxicating hemp, and DeWine has long contended intoxicating hemp is a particular menace to young people. "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," DeWine said. "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." Intoxicating hemp sales also have been a thorn in the side of Ohio's legal marijuana industry, which is regulated and taxed. While there are no rules about sales of intoxicating hemp to young people, no one is admitted inside Erie County's three licensed marijuana dispensaries, including two in Perkins Township along Milan Road (U.S. 250) and one in Huron, without producing an ID to show the customer is 21 or over. Norwalk and Fremont also have state-licensed dispensaries. Marijuana dispensaries are also required to charge a 10% state tax on all sales. What will happen? The governor's office said that when the order goes into effect, authorities can seize intoxicating hemp products and fine offending businesses $500 a day. Representatives of Ohio's hemp industry denounced the new rule and said it will cost the state many jobs. The governor's order apparently increases pressure on members of the Ohio General Assembly to finally take action on dealing with Ohio's intoxicating hemp industry. Lawmakers have accomplished nothing, despite calls for action from DeWine and the legal marijuana industry. DeWine has been calling for a ban on intoxicating hemp, or at least regulation, for about two years. Sentiment in the Ohio General Assembly appears to be divided between an outright ban and allowing the industry to continue with regulations that would include banning sales to minors. State Rep. Ted Fischer, R-Boardman, has introduced House Bill 198, which would ban sales of intoxicating hemp to people under 21 and impose regulations similar to those affecting the legal marijuana industry. Swearingen and Deeter are listed as co-sponsors of House Bill 198, which has been assigned to the house judiciary committee.