Ohio's THC Drink Ban Means Bars Can’t Sell Hemp Beverages: CLExplained

Happy 4/20 … or maybe not, if you’re someone who partakes in THC-infused drinks. In this week’s CLExplained, Stephanie Haney, host of the Sound of Ideas, breaks down the latest on a new ban affecting local breweries who make THC-infused drinks, such as Great Lakes Brewing Co. and Saucy Brew Works, as well as the fight to overturn the ban. 

There's some news for people who like THC-infused drinks.

Senate Bill 56 is a new law that took effect in March, placing a range of restrictions on intoxicating hemp products in Ohio. One of the biggest changes: bars can no longer sell THC-infused drinks. That happened after Mike DeWine vetoed an exception that would have allowed those beverages to remain on menus.

The impact was immediate.

Breweries like Great Lakes Brewing Co. and Saucy Brew Works had already started making and selling THC drinks. Then they had to stop. Now, their CEOs are trying to reverse course, launching a campaign at saveohiobevs.com to push lawmakers to override the veto.

The backlash isn’t just coming from businesses. Consumers are frustrated, too — including people who turned to THC drinks as an alternative to alcohol. One person told me he’s been sober for 2½ years and relied on these beverages as a social option. Now, that’s gone from bars.

Meanwhile, the legal fight is already underway. Some companies are suing to block enforcement of the law. And early rulings are starting to chip away at it. In Franklin County, a judge allowed two smoke shops to continue selling their existing inventory of hemp-based products, including THC drinks. In Sandusky County, a judge ruled the law can’t currently be enforced in the city of Fremont in a lawsuit filed by attorney Andrew Miley on behalf of Cycling Frog.

The core argument: Ohio can’t discriminate against out-of-state companies making these products because it interferes with interstate commerce.

That case could have much bigger implications. It may become what’s known as a reverse class action lawsuit — where one plaintiff sues a broad group of defendants. In this case, instead of suing individual police departments across Ohio, the lawsuit could treat all law enforcement agencies as defendants in one case.

If that happens, any final ruling could apply statewide. The timeline is tight. The attorney for Cycling Frog expects a decision as soon as May on whether the case will move forward in that form. Ohio Attorney General Dave Yost has also asked for the state to be included in the lawsuit, saying it would ensure consistency. A judge hasn’t ruled on that request yet.

Back in Cleveland, brewers are watching closely. Brent Zimmerman of Saucy Brew Works and Chris Brown of Great Lakes Brewing Company say they’re encouraged by the early court decisions. But they’re not waiting — they’re continuing to lobby lawmakers to override DeWine’s veto.

What happens next could shape more than just Ohio. With more states grappling with hemp-derived THC products — and federal rules still evolving — this fight could become a test case for the industry nationwide.

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