Store owners were pleased to learn that a Franklin County Common Pleas Court judge on Tuesday approved a restraining order that temporarily pauses DeWine’s ban after a few businesses challenged the legality of the emergency action.
Some gas stations and other shops had resumed sales of hemp THC by Wednesday morning. A sign outside of a gas station in Dayton advertised 50% off the products for the next two weeks.
At Bud City Dispo in Fairborn, it was business as usual on Tuesday, even before news broke about the Franklin County ruling. Bud City continues to sell THCA products that store owners say are not subject to the ban because they are not Delta-8.
“We’ve never sold Delta-8 or any kind of synthetic cannabis,” said Jesse Burns, owner and operator of Bud City Dispo. “There is a misconception, because a lot of other smoke shops do carry those types of products that carry THCA-blends; we do not. We focus on quality.”
Credit: Bryant Billing
Credit: Bryant Billing
DeWine’s temporary executive order that seeks to stop the sale of intoxicating hemp products went into effect at 12:01 a.m. Tuesday, Oct. 14, and on Tuesday morning many stores across the region that previously sold the items no longer had them on their shelves or advertised for purchase. The Dayton Daily News visited about a dozen stores that sold hemp THC for this story.
During the 90-day ban, local and state authorities would have the ability to seize intoxicating hemp goods from stores that continue to offer them for sale, and retailers that run afoul of the governor’s emergency order could be fined $500 per day.
DeWine’s stated rationale for approving a consumer product safety emergency order was that intoxicating hemp products are a “serious threat” to public safety because they are unregulated and lack quality control. DeWine says that anyone, including children, can buy the products, which he claims have been marketed to young people with colorful packaging that mirror well-know brands of candy, cookies and other sweets.
DeWine also approved a Department of Agriculture order that removes intoxicating hemp from the state definition of legal hemp that is effective for 120 days. DeWine’s order was paused on Tuesday for the time being, as multiple businesses challenge its legality in Franklin County Court.
Some stores were again selling hemp THC goods on Wednesday morning.
‘We need your help’
At the VIP Smoke Shop in Trotwood on Tuesday, display cases that were once full of hemp THC gummies, pre-rolls and disposable vapes were bare, with signs taped to the glass that said, “Due to Governor DeWine’s executive order, hemp products are temporarily off shelves. We expect them back soon. Please check back with us. Please contact your legislator (your House rep. or your senator) to stop this ban. We need your help.”
Jo Day, assistant at VIP Smoke Shop, said hemp THC products are among the store’s top-sellers, and many customers were dismayed to learn that they can no longer buy items that they often use for pain relief or as an alternative to alcohol.
Credit: Bryant Billing
Credit: Bryant Billing
Day said the ban on hemp THC feels like another example of government overreach, and she believes Ohioans are frustrated and fed up with lawmakers and elected leaders not listening to the people and giving them what they want.
Store manager Mohammed Zaw said most of the people who buy hemp THC use it for pain relief, and the vast majority of customers are working Ohioans 55 and older who suffer from medical or physical problems. He said a ban also will hurt a lot of local businesses, which also were given very little time to try to unload their inventories ahead of the deadline.
Multiple local store owners and managers said they support some regulations on intoxicating hemp products, like rules that forbid sales to anyone under 21 and prohibitions on packaging to ensure the items aren’t being marketed to kids. But they said Ohio businesses should be allowed to continue to sell these products.
Credit: Bryant Billing
Credit: Bryant Billing
Dan Tierney, DeWine’s press secretary, said Ohio voters legalized recreational marijuana in late 2023, but the ballot measure they approved limited the sale of cannabis to state-licensed dispensaries.
“The sale of cannabis as intoxicating hemp in these other venues was never contemplated by the legislature nor approved by Ohio voters,” he said. “Ohio voters approved a highly-regulated market; they did not approve sales in these venues.”
Fairborn shop defiant
Burns, one of the owners of Bud City Dispo on Broad Street in Fairborn, on Tuesday said his attorney who reviewed DeWine’s order concluded that the ban only applies to Delta-8 products specifically. Burns said Bud City sells THCA products exclusively, and those items remained legal.
THCA is a nonintoxicating cannabinoid that is converted to intoxicating Delta-9 THC when it goes through a “decarboxylation” process in which the substance is heated up.
Burns said he thinks DeWine’s ban was “unfair” to lots of businesses. He said Bud City just opened the Fairborn location several months ago, and the partners invested a lot of money into the business.
Credit: Bryant Billing
Credit: Bryant Billing
Burns said Bud City’s products come from verified suppliers, and TCHA is all natural, which means there are not concerns about quality and the manufacturing process, like with Delta-8. Burns did say he thinks it’s possible the governor could try to target THCA products in the future.
“Regulation wouldn’t be a terrible thing — we’re not opposed to it," he said. “It would give us a fair chance, and I feel like that’s what these businesses deserve.”
Credit: Bryant Billing
Credit: Bryant Billing
Local bars impacted
Raychel Loney, general manager of the Troll Pub at the Wheelhouse in Dayton, on Tuesday afternoon said all of the bar and restaurant’s unsold THC-infused beverages have been stored in the office until further notice.
Loney said customers will miss the drinks, which are a popular alternative to alcohol. Customers, she said, can avoid getting too drunk or having a hangover the next day by choosing THC drinks over booze.
Loney said the adult beverage industry is highly regulated, and Troll Pub only purchases THC drinks from reputable distributers. Loney said if the state were to ban the sale of THC drinks at restaurants and other establishments that would be a “huge violation” of the will of Ohio voters, who supported the legalization of recreational marijuana.
Loney said she thinks marijuana regulations should be similar to those for alcohol sales. She said she thinks there has been pushback against the governor’s order.
“This kind of an industry doesn’t happen by accident — it has supporters, backers," she said. “Ohio’s economy is boosted by these kind of innovative drinks and stuff like that.”
In a statement, the Ohio Craft Brewers Association said hemp-derived THC beverages are a vital revenue stream for many of the 400 small and independent breweries across the state. The association said these products meet evolving consumer demands.
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