Ohio breweries, smoke shops sue the government over anti-marijuana bill

Ohio breweries and smoke shops that are prohibited from selling hemp products following a new state law are now suing the state government.

Since Senate Bill 56 became law, people in the marijuana business have filed lawsuits and lobbied lawmakers to “change some things” after the bill changed Ohio’s marijuana rules and banned THC drinks at breweries and grocery stores, according to The Columbus Dispatch.

The bill became law on March 20 after supporters of marijuana failed to block it through a ballot referendum by not collecting enough signatures before the deadline.

“We kind of got left out in the dust as things are progressing forward here,” Wesley Bryant, owner of 420 Craft Beverages, said during a panel with Ohio State University’s Drug Enforcement and Policy Center, according to the news source. “It’s in our best interest to try to change some things.”

The Dispatch reported that breweries sued the state government over DeWine’s decision to sign the bill into law, arguing in both cases that he overstepped his authority because Ohioans passed the amendment in 2023 that legalized marijuana use. According to the news source, both lawsuits are pending, and a Franklin County judge declined to stop SB 56 from taking effect.

A March 30 lawsuit filed by two hemp stores said that the state legislators “flouted the proper lawmaking process and violated the single-subject rule, which requires bills to address one topic,” The Dispatch reported.

Businesses from across the state, including Columbus and Cincinnati, also pressured lawmakers to reverse DeWine’s veto and reinstate the grace period for THC beverages by creating a website to help Ohioans contact their lawmakers about an override vote.

Bobby Slattery, founder of Fifty West Brewing Co. in Cincinnati, who was forced to ship the company’s remaining inventory to Kentucky for sale, lay off employees, and stop making THC drinks, told The Dispatch that the company wants to show Ohio lawmakers that people in the Buckeye State care about this issue.

Despite the efforts, the news source reported that the veto override is unlikely, with Ohio Senate President Rob McColley, R-Napoleon, and House Speaker Matt Huffman, R-Lima, saying lawmakers are discussing it but haven’t reached a final decision.

As expected, state Sen. Steve Huffman, R-Tipp City − who sponsored SB 56 − told The Dispatch that he doesn’t think there’s support for the override.

“There’s a group in each chamber, I believe, that accepted the whole of the bill on what it did to get rid of the gummies and things away from children,” Huffman said. “But there’s also a group that feels anything like this can be addictive and would like to regulate it or get rid of it.”

Slattery compared the current situation to the alcohol prohibition in the early 20th century, telling the news source that he is optimistic because he hopes that state and federal officials will change their minds and legalize hemp products again in Ohio.

“We’ve gone through this before,” Slattery said. “I think this is one of those things where the people are going to dictate how this plays out.”