Ohio Gov. Mike DeWine’s ban on intoxicating-hemp products in the state remains in effect after the Ohio Supreme Court denied an emergency lawsuit from Cincinnati Craft Breweries attempting to save the beverage category.
The decision came down on Friday, March 20, the same day the ban officially took place.
“Relators’ emergency motion for leave to file a second amended complaint denied,” said the case announcement about the decision.
The Chief Justice of the Ohio Supreme Court, Sharon L. Kennedy, said she disagreed with the majority decision and she would have kept the case alive and allowed the plaintiffs to ask the court for a specific order.
This follows DeWine’s line-item veto in late December to ban the products after state legislators approved a carve-out for state breweries within SB 56.
Bobby Slattery, founder of Fifty West Brewing Co., said in a video sent to CityBeat that his Sunflower THC beverage debuted in August 2024 after his team was inspired to create the product.
“It was the fastest growing thing we’ve seen since probably opening Fifty West,” he said while driving his remaining product across the river to Kentucky, where the products are still legal.
This ban will leave a hole in Cincinnati craft beer makers’ bottom lines, as alcohol sales have declined over time. A recent Gallup poll found that only 54% of U.S. citizens now drink alcohol on a moderate, regular basis, and the ones who do drink are drinking less.