MENTOR, Ohio — Three businesses are suing Ohio over Gov. Mike DeWine's temporary ban on "intoxicating" hemp, low-level THC products such as delta 8.
The members of the Ohio Healthy Alternatives Association, which advocates for alternatives to alcohol and prescription drugs, quickly filed the lawsuit in the Franklin County Court of Common Pleas after the governor announced the 90-day ban during a news conference Wednesday.
The lawsuit asks a judge to block the state's 90-day ban, which is currently scheduled to take effect Tuesday.
'A real kick in the gut'
Mentor business owner Brendan Iacofano said he is still in shock about the governor's order.
"It was a real kick in the gut," he said.
He and his family own World Wines & Liquor at 8760 Mentor Ave, Mentor, which has sold THC-infused beverages and other products for the past two years.
"We're going to sell as much as we can before Tuesday," Iacofano said. "With that being said, I have pallets in the back and all these products have shelf life so they are most likely either going to expire in the next three months or shortly afterwards."
"We could be left with $100,000 or more in product that we will be throwing in the garbage," he said.
He said THC-infused products currently make up about 10 to 20% of their store's daily sales.
"It's our future," he said. "We've seen, as a family, the decline in alcohol consumption and alcohol sales and this was the saving grace for our business."
'Serious threat to public health and safety'
The governor said he had no choice but to take action to protect Ohio's children. He said he's begged Ohio lawmakers to take action to regulate intoxicating hemp for nearly two years.
"The governor has the authority to declare a consumer product safety emergency if there is reason to believe that a product has been adulterated and presents a threat to public safety and health," he said during the news conference Wednesday.
According to the governor's executive order, all consumer products containing intoxicating hemp must be removed from public display by all retailers, no consumer products containing intoxicating hemp may be sold or offered for sale during the state of emergency and any retailer who has intoxicating hemp must segregate these units from other merchandise and hold them, or a portion of them, for law enforcement officers or officials of the department of agriculture.
Delta 8 is a cannabinoid produced by the cannabis plant, often manufactured by CBD. Ohio doesn't have an age requirement to buy delta 8 since it is .3% or less of THC. Thus, hemp products can be sold almost anywhere in the state, and the government has no jurisdiction over them.
Congress’s Agriculture Improvement Act of 2018 allowed for hemp products to be sold as long as they have .3% THC or less. U.S. Customs and Border Protection issued guidance on their website that under the law, the Drug Enforcement Administration no longer has the authority to seize and criminalize sending or buying seeds with less than .3% THC. The DEA has also given this statement to numerous attorneys around the country with the same advice, including specifically addressing cannabis.
Iacofano said he supports banning people under 21 years of age from purchasing products with intoxicating hemp and thinks the governor's temporary ban will hurt businesses more than it will help protect children.
"Most retailers would agree with him that certain products should not be on the shelves," he said. "I think there was a few retailers that he cherry-picked and found products that are attractive to children and I think the vast majority of us retailers don't carry those products and don't support those products."
