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Ohio Enacts New Regulations on Hemp and Marijuana Products

12/22/2025, 12:16:51 AM

Overview of Legislative Changes

On December 19, 2025, Ohio Governor Mike DeWine signed Senate Bill 56 into law, implementing significant changes to the state's regulations on intoxicating hemp products and marijuana. This legislation, which will take effect in 90 days, bans the sale of intoxicating hemp products outside licensed marijuana dispensaries and introduces new criminal penalties for marijuana possession and use. The law follows recent federal changes that restrict hemp products containing more than 0.4 milligrams of THC per container.

Key Provisions of Senate Bill 56

Senate Bill 56 prohibits the sale of THC-infused beverages, a provision that DeWine vetoed to ensure compliance with federal law and avoid consumer confusion. The bill also reduces the maximum THC levels in adult-use marijuana extracts from 90% to 70% and caps THC levels in adult-use flower at 35%. Additionally, it criminalizes the act of bringing legally purchased marijuana from other states back into Ohio and requires that marijuana be stored in its original packaging while being transported in vehicles.

The legislation also eliminates protections against discrimination for marijuana users in housing, employment, and organ donation, allowing law enforcement probable cause during traffic stops if an individual is known to use marijuana. Furthermore, the bill maintains a 10% tax rate on recreational marijuana and allocates 36% of adult-use marijuana sales revenue to municipalities with dispensaries.

Impact on the Hemp Industry

The new regulations have raised concerns among those in the intoxicating hemp industry, with critics arguing that the law could threaten thousands of jobs and small businesses. Dennis Willard, spokesperson for Ohioans for Cannabis Choice, stated, “SB 56 forcefully defies the will of the voters of Ohio,” emphasizing that the legislation undermines the 2023 voter-approved legalization of recreational marijuana. The law's restrictions are seen as a significant setback for the previously unregulated hemp market, which has grown substantially since the 2018 Farm Bill.

Official Statements & Responses

Governor DeWine defended the legislation, stating, “Ohio is making good public policy by enacting its own intoxicating hemp ban earlier than federal law.” He expressed concerns about the health implications of THC and the need for uniformity with federal regulations. Conversely, opponents of the bill, including cannabis advocacy groups, argue that it represents government overreach and a rollback of the rights granted to voters in 2023.

Criticism & Opposition

Critics have voiced strong opposition to the new law, highlighting its potential to harm small businesses and re-criminalize behaviors that were previously legal. Morgan Fox, political director for the National Organization for the Reform of Marijuana Laws (NORML), criticized the new penalties as “nonsensical,” arguing that they criminalize relatively innocuous behavior. Additionally, the removal of legal protections for marijuana users has sparked outrage among advocates who view it as a violation of civil rights.

What's Next

In response to the new regulations, Ohioans for Cannabis Choice plans to launch a referendum campaign to repeal Senate Bill 56. This effort will require gathering hundreds of thousands of signatures within a limited timeframe to place the issue on the ballot. The outcome of this campaign could significantly influence the future of marijuana and hemp regulations in Ohio.