The Ohio Cannabis Co. operates a dispensary in Piqua. It and Wilmington-based Ancient Roots LLC, a business that transforms cannabis-plant material into cannabis products, were among several Ohio-based cannabis businesses included as plaintiffs in the lawsuit.
The affidavit, which was filed in Franklin County in recent weeks, says the state cannabis division is applying medical cannabis rules to recreational adult-use cannabis, calling guidance issued to cannabis businesses this summer that related to advertising “invalid and unenforceable.”
“Specifically, the DCC was required by Issue 2 to prescribe rules related to inventory control, packaging and labeling, and advertising,” the affidavit states. “The DCC did not provide any notice or hearing on the ‘Guidance’ it has been issuing.”
A spokesperson of the Ohio Division of Cannabis Control declined to comment on the lawsuit, citing pending litigation.
Ohioans in 2023 passed Issue 2, which created a state-regulated, adult-use cannabis program. Recreational sale of cannabis to adults 21 and older started in August 2024.
Adults across the state are engaging with the recreational market, with more than $802 million reported in total product sales as of mid-September.
Wingfield said cannabis businesses invested time and thousands of their own dollars into acquiring the necessary paperwork to begin selling recreational products in their dispensaries.
But under the current state guidance, businesses are limited in how they can promote their products and locations.
“I‘m not looking for banners or billboards up on the highways,” he said. “But there are other types of advertising that I’d like them to see.”
The lawsuit states that product designs must be approved by the DCC, and businesses must file applications to roll out any new product. Each application comes with a $200 fee every time it’s submitted.
The lawsuit also states that the DCC has numerous restrictions on merchandise a business can sell. Company logos can not be printed on lighters, for example. Product packaging can’t contain the slogan “feel better.” Product names cannot include flavors that aren’t naturally occurring within plant material — among rejected names were Strawberry Shortcake, DoSiDos, Kandy Kane, Tropicana Cherries and Rainbow Runtz.
State officials have said rules on advertising are geared toward limiting exposure to children. Wingfield said he and other dispensary operators agree that cannabis is not for children and teens.
His and other businesses “actively put up roadblocks” to keep kids off their websites and out of their shops, Wingfield said.
Wingfield said his business wanted to display a “Merry Christmas” message during the holiday season, but that proposal was rejected by the state. The reason given to his business for the rejection was that holidays are also celebrated by children.
“It is destroying the will of a majority of Ohio voters by delaying or flatly prohibiting conduct the voters demanded,” the lawsuit states.
The affidavit demands that the court declare guidance that doesn’t align with the state’s rulemaking process null and void and prohibit the DCC from issuing additional guidance without following the rulemaking process.
Ancient Roots LLC forwarded this news outlet to the business’ attorney for comment. That attorney did not respond to a request for comment.