Ohio is in the middle of a heated battle over hemp-derived THC products, and what happens there could reshape cannabis regulation nationwide. Governor Mike DeWine is pushing hard for a hemp-derived THC ban, calling these unregulated products “dangerous” and demanding better protections for children. But despite overwhelming bipartisan support, legislative gridlock means these products remain widely available—for now.
Here’s what’s really going on and why this controversy matters far beyond Ohio’s borders.
The Hemp Loophole That Created This Controversy
When the 2018 Farm Bill legalized hemp (defined as cannabis containing less than 0.3% delta-9 THC), it opened the door for an unintended consequence: companies found ways to create intoxicating products from legal hemp. Delta-8 THC, an intoxicating synthetic cannabinoid that’s often converted in a lab from nonintoxicating CBD derived from hemp, became the most popular example. Now, products containing delta-8, delta-10, THC-O, and other hemp-derived intoxicants are sold everywhere from gas stations to convenience stores—with zero regulation.
The problem? These products get you high, but they exist in a regulatory gray area where they’re technically legal under federal hemp laws yet completely unregulated at the state level.
Why Governor DeWine Says It’s Dangerous
DeWine’s concerns aren’t abstract. As he bluntly stated: “For intoxicating hemp, this product has no restrictions on where it can be sold or who can buy it. Intoxicating hemp has no required regulatory testing at all and is sold in packages enticing to children, many times mimicking the packaging of common candies. … Intoxicating hemp is dangerous, and we need better to protect our children.”
The safety concerns are real and documented. In Tennessee alone, there were 98 poisoning cases involving delta-8 products in just one year, with 42 cases involving children age 5 or younger—16 of whom required hospital admission. The FDA has reported over 2,300 adverse event reports related to delta-8 THC products from 2021-2024, including hospitalizations for psychosis and cardiovascular issues.
Here’s the critical distinction: unlike licensed and regulated adult-use cannabis sales, intoxicating hemp products are not required to be lab tested for potency, heavy metals, mold, pesticides, and residual solvents, or other potentially harmful constituents. While some companies may independently test their hemp products through a third-party lab and provide a certificate of analysis, there’s no state law requiring them to do so.
Ohio Isn’t Alone in This Fight
This isn’t just Ohio sounding the alarm. DeWine’s pursuit to crack down on intoxicating hemp products comes after California Governor Gavin Newsom and Texas Governor Greg Abbott took similar approaches in September 2024 and September 2025, respectively. Illinois Governor JB Pritzker is looking to do the same.
When both conservative Texas and progressive California independently decide to ban the same products, that tells you something significant about the severity of the problem. Add to that 39 state attorneys general calling for federal action, and the pattern is clear: states across the political spectrum recognize that the hemp loophole created a public health crisis.
The Business Pushback
Not everyone agrees with the hemp-derived THC ban approach. Three Ohio businesses have sued Governor DeWine, arguing they’re operating legally under federal hemp laws and that a ban threatens jobs and tax revenue. Their position has merit from a business perspective—they’re technically compliant with federal law.
But here’s the tension: without testing requirements, age restrictions, or retail limitations, there’s no way to ensure these products are safe or kept away from children, even if some businesses are trying to operate responsibly.
Where Things Stand Now
Despite widespread support for regulation, Ohio remains stuck in legislative gridlock. The Ohio Senate recently voted 32-0 to reject House changes to cannabis and hemp laws, meaning nothing has passed. Hemp-derived THC products continue to be sold throughout the state without restrictions.
The frustration is palpable: even with bipartisan concern and overwhelming evidence of harm, the political process hasn’t produced a solution.
What This Means for Licensed Cannabis Operators
For legitimate cannabis businesses, this controversy highlights a fundamental unfairness. Licensed dispensaries pay significant fees, undergo rigorous testing, face strict location and security restrictions, and require age verification for every sale. Hemp-derived THC products face none of these requirements yet compete directly on price and accessibility.
But there’s a potential silver lining: as states crack down on unregulated hemp intoxicants, it validates the entire regulated cannabis framework. Consumers will increasingly understand that licensed dispensaries offer tested, regulated products while hemp alternatives carry unknown risks. When the playing field finally levels, licensed operators who’ve invested in compliance will have a significant competitive advantage.
Need Strategic Support as Hemp Regulations Evolve?
At Canna Business Services, we help licensed cannabis operators navigate regulatory changes and position themselves for competitive advantage. As hemp-derived intoxicants face increasing restrictions, the value of your compliance investments will become even clearer.
