Executive order declares public health emergency, banning hemp-derived THC products by Oct. 14
Ohio Governor Mike DeWine has declared an Adulterated Consumer Product Emergency, ordering Ohio retailers to pull all intoxicating hemp products from shelves by Tuesday, October 14, 2025. The executive order, signed Oct. 8, targets consumable items that contain psychoactive compounds such as delta-8-THC and delta-9-THC, derived from legal hemp. DeWine’s office argues that these products — often sold as candies, cookies, gummies, or drinks — pose risks to children because they mimic popular snacks and remain largely unregulated. From the press release:
“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,” said Governor DeWine. “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.”
The order gives retailers six days to remove or sell down inventory. After Oct. 14, state and local authorities, including the Ohio Department of Agriculture (ODA), can seize intoxicating hemp products still on sale. Retailers that don’t comply could face fines of $500 per day. The emergency ban can remain in effect for up to 90 days, unless extended by the Ohio General Assembly. ODA has also been directed to revise Ohio’s hemp definitions to permanently exclude products deemed “adulterated” or intoxicating.
A fast-growing category in craft beverage
While DeWine’s order focuses on youth safety, it also directly impacts one of the fastest-growing new segments for Ohio craft brewers: hemp-derived THC beverages. In the past two years, several Ohio breweries — Fifty West, Urban Artifact, Seventh Son, and others — have launched low-dose, hemp-infused seltzers as a mindful alternative to alcohol. These products, typically containing 2 to 5 mg of THC, have become popular with consumers seeking a lighter, more social buzz without the calories or hangover of traditional beer. Breweries use their existing equipment, quality control systems, and licensing under the Ohio Department of Agriculture to produce hemp beverages that meet food safety standards. The new executive order temporarily halts that work.
Fifty West calls the pause “out of touch”
Cincinnati-based Fifty West Brewing Co., home to Sunflower THC Seltzer, Ohio’s leading THC beverage, says it will comply with the order but questions its timing and scope. It also released a press release and statement on the situation.
“We respect the intent behind the governor’s action and will fully comply with Ohio law,” said Bobby Slattery, Founder of Fifty West Brewing Company. “But this order feels out of touch with the socially conscious shift we’re seeing in Ohio. People are choosing hemp beverages as safer, more mindful alternatives to alcohol. Pausing an entire industry built around safety and transparency only hurts consumers and jobs.”
Fifty West employs hundreds of people across brewing, manufacturing, sales, and hospitality. The company says the hemp seltzer category has become an important economic engine for both the brewery and its retail partners, including bars, bottle shops, and grocery stores. The brewery stresses that its Sunflower brand already operates within a regulated framework. Each can carries a 21+ label, lists 5 mg of THC, and undergoes third-party testing for quality and consistency. Fifty West argues these are the very standards Ohio regulators should use as a model.
Craft brewers advocate for regulation, not prohibition
The Ohio Craft Brewers Association (OCBA), representing more than 400 small breweries across the state, also voiced concern. The guild supports establishing a regulated marketplace for intoxicating hemp beverages, not banning them outright. OCBA notes that Ohio’s craft breweries already follow strict safety, labeling, and responsible service practices under state alcohol laws. Those same systems can ensure hemp beverages remain safe, tested, and restricted to adults. The OCBA released this statement:
“Ohio’s craft breweries have always been pioneers, exercising their creativity and innovating to meet the ever-evolving tastes of our consumers,” said Mary MacDonald, executive director of the Ohio Craft Brewers Association. “The production and sale of intoxicating hemp beverages are a natural evolution for our industry. They allow local breweries to leverage their existing manufacturing expertise, safety protocols, equipment and distribution networks to tap into the fast-growing markets for alcohol alternatives.”
The organization argues that craft breweries are uniquely positioned to responsibly manage this emerging category. Many breweries have already diversified into low- or no-alcohol options to meet changing consumer preferences. Hemp beverages, OCBA says, represent a similar evolution — offering low-calorie, mindful, adult-only choices that keep business local.
Economic and consumer fallout
Ohio’s craft beer industry contributes more than $1.29 billion annually to the state economy and supports thousands of jobs. Brewers worry that a full stop on hemp beverage sales could disrupt momentum in an already challenging market. For taprooms, hemp seltzers provide new foot traffic and incremental sales. For distributors and retailers, the products create a new revenue stream. For consumers, they fill a growing demand for functional, non-alcoholic, or low-dose beverages that promote social moderation. Fifty West and the OCBA both emphasize that this category isn’t about unregulated edibles or synthetic compounds. It’s about licensed breweries producing safe, traceable beverages for responsible adults. They say that grouping legitimate products with black-market THC snacks undermines good actors trying to operate transparently. A picture of those THC snacks is above.
A call for collaboration
Rather than a temporary freeze, Ohio brewers are calling for collaboration. They want to work with state regulators to create clear, science-based rules that protect minors while allowing responsible innovation. Fifty West says it will use the 90-day pause to prepare for new regulations, engage lawmakers, and educate consumers. The brewery plans to keep building inventory and refining processes so it can quickly return to market when rules are clarified. From the press release:
“This is a pivotal moment for Ohio,” said Max Fram, Vice President of Strategy and Operations at Fifty West Brewing Company. “We’re proud to have built the state’s leading THC beverage brand right here in Cincinnati, and we’re not slowing down. This pause doesn’t just affect manufacturers like us, it impacts the many retailers, bars, and bottle shops that have embraced this new category and rely on it to serve their communities and support their staff. Partners like Jungle Jim’s, Cappy’s Wine and Spirits, and countless independent stores have invested in these products because they create real opportunity. We believe in regulation. Fair, well-written rules will legitimize this category, keep products safe, and allow responsible companies and local businesses across Ohio to thrive.”
Looking ahead
DeWine’s emergency order underscores a familiar tension: innovation versus regulation. Ohio’s hemp beverage boom arrived faster than state law could adapt, and now small producers are caught in the middle. If lawmakers use the 90-day window to craft balanced, enforceable rules, Ohio could set a national example for how to regulate hemp-derived THC responsibly. If not, the state risks stifling a homegrown industry that’s already creating jobs, tax revenue, and consumer choice. For now, shelves will empty, cans will sit idle, and brewers will wait — hoping the next version of Ohio’s hemp policy leaves room for common sense, collaboration, and craft.
