Ohio’s new law is already in effect. South Carolina’s Senate went with a narrow regulate-it-don’t-ban-it model. Texas is about to wipe smokable hemp off shelves while squeezing the rest with tougher rules and steeper fees. Same plant, same loophole, three very different state responses.

The hemp fight did not move in one direction this month. It split three ways.

In Ohio, lawmakers let a ban on intoxicating hemp take hold after opponents failed to qualify a referendum for the ballot. In South Carolina, senators decided not to ban hemp THC outright, but to shove it into a much tighter retail box. And in Texas, regulators are about to take aim at one of the market’s hottest categories (smokable hemp and THCA flower) while leaving edibles standing under heavier restrictions and much higher costs.

That distinction matters. Too often, these stories get flattened into one generic “hemp crackdown” narrative, as if every state is doing the same thing with slightly different branding. They’re not. What’s happening instead is more revealing: states are choosing their own model for how much hemp they can tolerate, where they want it sold and which version of the market they’re willing to let survive.

Ohio chose the blunt instrument. South Carolina chose containment. Texas chose to go after smokables first.

Ohio

Ohio is the clearest example of a state deciding the intoxicating hemp experiment has gone far enough.

As reported by the Statehouse News Bureau, the campaign to block Senate Bill 56 fell short of the signatures needed to put the law before voters. That cleared the way for the measure to take effect on March 20, and outlets including the Ohio Capital Journal reported that the new law bans intoxicating hemp products, including THC and CBD beverages.

That is not some minor regulatory adjustment. It is a market reset.

The same Ohio law also changes the state’s voter-passed marijuana framework, but the hemp piece is what makes the message so unmistakable. This is what it looks like when lawmakers decide the loophole got too visible, too profitable and too hard to defend. Hemp operators and advocates quoted in local coverage warned that businesses would close, workers would lose jobs and consumers would be pushed either out of state or back into the unregulated market. The Ohio Capital Journal quoted hemp farmer Joey Ellwood saying roughly 6,000 Ohio businesses could be affected.

There is also litigation already in motion. A group of plaintiffs, including Saucy Seltzer and Uncle Arnie’s, filed suit in Franklin County seeking emergency relief, arguing they would face irreparable harm if the law took effect. Meanwhile, the beverage fight is still alive in another lane: companies, including Fifty West Brewing, challenged Gov. Mike DeWine’s line-item veto that stripped out language preserving some THC beverage sales. That fight matters because it shows how politically awkward the drink category has become. Lawmakers, regulators and governors increasingly seem willing to carve out drinks, kill drinks or box drinks in depending on what coalition is yelling loudest that week.

The larger point is simpler. Ohio did not just tighten the screws. It made a choice. It chose to treat intoxicating hemp less like a category that needed guardrails and more like a category it wanted gone.

South Carolina

South Carolina went in a different direction, and that difference is important.

Rather than try to wipe hemp THC off the map, the state Senate moved a compromise bill that keeps some products legal while sharply narrowing where they can be sold and under what conditions. According to The State and local TV outlet WLTX, senators ultimately agreed to allow certain low-dose THC beverages to remain on the market, but only under a much more restrictive retail structure.

The broad outline is this: drinks with 5 milligrams of THC or less could still be sold in places like grocery stores or gas stations, but they would need to be kept behind the counter and sold by businesses with the appropriate licenses. Stronger drinks and gummies would be pushed into liquor stores, and bars and restaurants would be shut out of on-premises sales. Marijuana Moment captured the basic posture well: this is not legalization in the broad retail sense, and it is not prohibition either. It is restriction, channeling and control.

That may sound more moderate than Ohio’s approach, and in some ways it is. But nobody should mistake it for laissez-faire. South Carolina lawmakers are still drawing a hard line around access, dosage, format and point of sale. They are telling the market, in effect, that hemp THC can stay, but only if it behaves itself and only if it starts looking a lot less like a convenience-store free-for-all.

It is a meaningful choice, too. South Carolina is not saying “no” to hemp. It is saying “not like that.”

And that may end up being the model a lot of other states try next, especially those that are uncomfortable with outright bans but equally uncomfortable with gummies and drinks being sold too widely, too casually or too visibly.

Texas

Then there is Texas, where the state is about to take a major swing at the smokable side of the hemp business.

As reported by KUT, new rules adopted by the Texas Department of State Health Services take effect on March 31 and effectively ban the sale of smokable hemp and extracts by changing the way THC is measured. The key move is that Texas will now count THCA in the total THC calculation, which cuts directly at the flower products that became wildly popular across the state.

That matters because THCA flower is not a side hustle. For many retailers, it is the business. KSAT reported that one San Antonio operator said 70% of their sales come from smokable products. Another business owner said shops centered on flower would likely shut down. And the pain does not stop with smokables. KUT also reported that the new rules impose steep annual fees — $5,000 per retail location and $10,000 per manufacturing facility — while the state has more than 9,100 registered retail locations selling consumable hemp products.

So Texas is not banning everything. Most edible hemp products remain legal under the new rules. But that does not make this a soft move. It is still a major restructuring of the market, one that takes out a huge category and makes the rest more expensive to operate. Businesses and advocates quoted in the coverage warned that the result could be exactly what we have now heard in state after state: more pressure on legitimate operators, less access for consumers and more room for the illicit market to step in.

Which is the irony baked into so much of this. States keep presenting these measures as efforts to create order. Sometimes they do create order. They also create shortages, closures, confusion and fresh opportunities for the people operating outside the rules entirely.

That is especially true when regulators go after the most popular products first.

The Bigger Picture

Put these three states side by side and the real story comes into focus.

This is no longer just a debate over whether the 2018 Farm Bill opened a loophole. That part is over. Everyone knows it did. The fight now is over what happens next: who gets to sell hemp THC, what kinds of products are politically survivable and whether states want a broad-access market, a tightly managed one or no meaningful intoxicating hemp market at all.

Ohio answered with prohibition. South Carolina answered with containment. Texas answered with a targeted strike on smokables and a heavier cost structure for what remains.

Same plant. Same legal mess. Three different futures.

And that may be the most important thing to understand right now: the hemp market is not heading toward one national outcome. It is being carved up state by state, ideology by ideology, category by category. Some lawmakers want it dead. Some want it domesticated. Some want it around, but only in the safest-looking packaging possible.

What none of them seem willing to do anymore is pretend they do not see it.

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That chill in the air means that it’s time to get cozy and prepare for winter, and Zen Leaf is helping you stock up for all the sweater weather on the horizon. They’re offering up to 30% off storewide at their Ohio locations so you can bundle up with all your favorites for less. Zen […]

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Open to customers 21+ with a valid government-issued photographic ID. Greenlight is a licensed Ohio dispensary providing access to medical and non-medical cannabis. Visit Greenlight in Columbus, Marengo, Wintersville, and their upcoming location in Marietta to explore a wide selection of products with guidance from their knowledgeable team. Licensed by the Division of Cannabis Control. […]

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Republicans seek to put Ohioans back in jail for conduct voters already approved.

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Verilife Non-Medical Cannabis is now available in Ohio. Open to customers 21+ with a valid government-issued photographic ID. Licensed by the Division of Cannabis Control.

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Sip it and rip it.

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What’s legal, where to buy it, what to smoke, and how.

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Ohio is finally moving forward with a plan to implement adult-use cannabis sales in the state.

Ohio voters approved Issue 2 in November 2023, making it the 24th state to legalize adult-use cannabis. According to the new state law, adults can possess up to 2.5 ounces of cannabis and grow up to six plants at home (with a 12-plant total per household as long as two adults live there). It also implemented a 10% tax on all cannabis purchases. These changes took effect starting on Dec. 7, 2023.

At the time, Rep. Jamie Callender said that the delay in implementing a plan for legal sales was “…to make sure we’re thoughtful, that we’ve had adequate time to look at it and deal with the things that don’t go into effect immediately.”

While it’s legal to purchase cannabis in Ohio, there’s currently no legal place to do so, until now. The Ohio Joint Committee on Agency Rule Review (JCARR) met on May 13, where it discussed and approved new rules to allow medical cannabis dispensaries to sell non-medical cannabis products.

According to AP News’ recent coverage of the news, the Ohio Division of Cannabis Control (DCC) superintendent, Jim Canepa, said that applications would be made available no later than June 7. “I don’t want to give anyone false hopes,” Canepa said. “We’re following the timeline in the initiated statute. We have a small but mighty staff, but there’s bandwidth there.”

The Ohio Cannabis Coalition’s (OCC) spokesperson, Tom Haren, added a comment explaining that the DCC has been “working tirelessly” to meet the various deadlines for sales. “Our members have obviously been anticipating the rollout of adult-use sales,” Haren said of the OCC team’s recent work. “They’ve been working on getting processes in place, making whatever changes they need to to procedures. We’re really excited.”

Canepa explained that allowing medical cannabis dispensaries to sell adult-use products is just one set of rules necessary to fully flesh out the program as a whole. The deadline for these rules is Sept. 7, 2024.

More recently Callender said that this slower but controlled pace is exactly what he was hoping for.

Just after Issue 2 was approved by voters, Gov. Mike DeWine called on legislators to immediately amend the law before it took effect on Dec. 7, 2023. “My recommendation to the General Assembly is that they take action to make sure that both rights are protected,” said DeWine. “People have a right to smoke it. People have a right to consume it. But also that everybody else’s who doesn’t choose to do so is also protected with their rights as well.” The Senate applied changes such as prohibiting home cultivation, reducing the possession amount, and increasing taxes from 10% to 15%.

However, these changes didn’t take effect because the House adjourned before a vote could be made. House legislators said that the Senate was going against the “will of the people” by attempting to change the Issue 2 law after voters voted on the topic. Over time, both the Senate and the House appear to mostly be in agreement. “We’ve gotten past a lot of the fears that many of the senators and the governor’s office had originally—and have gotten to the point where they’re saying ‘Oh, yeah, this is gonna work,’” Callender said. 

Callender added that more issues need to be addressed, because they’re “not consistent with what voters voted on.” This includes changes necessary for child safety packaging, restrictions on cannabis marketing, and protecting business owners. “I think at this point we’ve gotten past a lot of the fears that many of the senators and the Governor’s Office had originally, and we’ve gotten to the point where they’re saying, ‘Oh, this is going to work,’” Callender said.

Ohio-based cannabis business owners are excited to see the program moving forward. Ohio Capital Journal spoke with edibles maker Phoebe DePree about the recent announcement. “It’s exciting for us because that adds an element of convenience to consumers. It’s a real opportunity for us,” DePree said.

Brian Vicente of Vicente LLP called the progress “a sensible starting point for the Buckeye state” when the draft rules were first released. “Unlike recent legalization states like New York that opted to draft legalization regulations from scratch, the Ohio rules clearly borrowed ideas from earlier states—resulting in a refreshing level of sophistication and understanding of the needs of both cannabis consumers and business owners,” Vicente told High Times in April. “These regulations include commonsense ‘best practices’ for businesses in important areas like waste disposal and quality assurance, which should lead to a smooth roll-out and ongoing operations. Consumers will be able to access cannabis from stores until 11 p.m. and through drive-up windows, which will foster widespread access.”

According to the Associated Press, the DCC still needs to file the new rule with JCARR, followed by the Legislative Service Commission, and Secretary of State office, before May 22.

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Ohio became the 24th state to allow adult-use cannabis when state voters approved Issue 2 back in November 2023, though advocates and news outlets were quick to highlight GOP lawmakers in the state who immediately sought to amend the newly passed law.

And more than five months later, it appears that Republican lawmakers are still grappling with potential changes and regulatory updates to Ohio’s legalization law. While it could shift depending on how lawmakers proceed, currently recreational sales are expected to begin in September, according to a WCMH-TV report.

Lawmakers are looking into passing legislation that could jumpstart sales this summer, though it’s ultimately dependent on Republican legislators finding common ground to push the regulatory framework forward and approve it. Namely, the state’s Division of Cannabis Control (DCC) has created a plan to begin granting dual licenses to existing medical cannabis operators to start serving adult consumers early this summer.

“I am, I would not say optimistic, but I am reasonably hopeful, if you need words, that we can get something done by June,” Senate President Matt Huffman (R-Lima) told the TV station.

While jumpstarting sales in the state is a priority, lawmakers are still in disagreement regarding what rules should be in place prior to a recreational market launch.

The original legislation would have allowed adults over 21 to legally buy and possess up to 2.5 ounces of cannabis and grow up to six plants a person, or 12 plants per residence, at home where at least two adults reside. It would have imposed a 10% tax on cannabis purchases to go toward administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs.

It’s currently unclear exactly how the future legislation will pan out, though leaders have discussed altering tax revenue distribution, scaling back home cultivation rules and restricting public smoking, among other details.

Ohio Lawmakers Debate Regulatory Framework Priorities

Speaker of the Ohio House Jason Stephens (R-Kitts Hill) noted that many members have varying priorities, affirming that it’s “all about building a consensus.” Stephens highlighted revenue as a main concern, specifically knowing how much money the state could make and ensuring it’s going to the right places.

“There’s estimates,” Stephens said. “But we’ve seen estimates before whether it’s gambling or other revenue services that were going to be X and turned out they would be Y… What is the exact amount of taxes, what does that add up to, how does that compare, how much flexibility do local communities have?”

Huffman also highlighted the issue of public cannabis smoking, calling it the “most pressing.”

Regarding home grow provisions, the Senate passed a bill to add guardrails and immediately offer cultivation for residents, though the House still hasn’t held a hearing on the Senate’s proposal. In the meantime, representatives have worked on their own bill. The House is also in the process of creating a bill to expunge cannabis records.

“As we go into the future there will continually be changes and tweaks to recreational marijuana in Ohio,” Stephens said.

“I think most reasonable people, including people in the industry, believe that it would be better to have it clarified in law,” Huffman added.

Despite his personal opposition to the voter-passed ballot initiative, Gov. Mike DeWine (R) previously passed legislation with the goal of expediting recreational cannabis sales, though he has indicated that he’s more concerned with regulation of psychoactive hemp-derived cannabinoid products. While legislation is in the works, lawmakers have yet to introduce a formal bill on the matter.

“This is time for the legislature to move,” DeWine said. “We can’t do it ourselves.”

Regarding the disagreement between Republicans in revising the state’s new cannabis law, DeWine previously said he’s “not going to get into that.” Previously, DeWine referenced the disconnect between legalizing cannabis without having regulations in place, leaving consumers without a legal avenue to purchase recreational weed, characterizing the situation as “goofy.”

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A hemp producer based in Dayton, Ohio has a new customer for its crop after the firm signed a deal with a processor in nearby Michigan to provide raw material for hemp-based bioplastics. Under its new contract with Detroit-based Heartland Industries, Ohio Hemp Company will provide hemp fiber to produce bioplastic that will eventually become auto parts manufactured by a Belgian firm.

Ohio Republican Governor Mike DeWine signed legislation to legalize hemp in the state in 2019, the year after Congress legalized the crop on the national level with the passage of the 2018 Farm Bill. TJ Richardson and Justin Helt, the owners of Ohio Hemp Company, were among the first farmers in the state to farm the crop. They planted 11,000 cannabinoid hemp plants in 2020 to take advantage of the then-booming CBD market.

After the CBD market began to retract, Richardson and Helt pivoted to growing hemp plants bred to produce grain and fiber, rather than CBD and other cannabinoids. Because of the versatility of hemp, the company still had opportunities with the crop to explore.

“My grandpa always says that hemp is the most exciting new thing in agriculture since soybeans in the 50s,” Helt told agriculture news source Farm and Dairy. “That gives you a little perspective on how often something like this comes along. We see a huge trajectory path for this crop to grow in the state.”

Richardson and Helt knew from the time they launched their operation that there are a multitude of uses for hemp. After transitioning away from CBD hemp, the partners began looking for businesses near Ohio that were using the crop in their products. Before long, Richardson and Helt discovered Detroit-based Heartland Industries, a hemp processing facility founded in 2020. In 2022, the company began a partnership to provide hemp fiber to Ravago, a Belgian bioplastics manufacturer. 

Tim Almond, chairman and co-founder of Heartland Industries, said that from the beginning, his company and the farmers it works with faced challenges as they learned to grow and work with the crop.

“It had been illegal for 80 years, a lot of the knowledge and planting equipment has been either lost or transitioned to corn, soybean and wheat,” said Almond. “Farmers didn’t know what technology would work. So we had to understand how to plant the crop all over again.”

Heartland Industries uses the hemp fiber grown by Ohio Hemp Company and other farmers in the Midwest to manufacture small hemp pellets known as nurdles. After this initial processing, the nurdles are transported to Ravago, where they are mixed with plastic nurdles to produce a bioplastic composed of 70% plastic and 30% hemp fiber. The bioplastic is then used to manufacture parts for the auto industry.

“Everybody wants to have a product that’s better for the environment, but it’s hard to do it if it compromises the cost and it compromises performance,” Almond said. “We found a happy balance with the plastic manufacturing world where we can use this ingredient at 30% in the recipe, and we could see cost savings, we can see weight reduction, we can see performance maintaining the same, but most importantly we can see the reduction in carbon footprint.”

To maximize efficiency, Heartland Industries originally began partnering with farmers in Michigan to source the hemp the company needs. But as the hemp fiber market grew, it also started working with growers in nearby states including Indiana, Illinois and Ohio.

In 2022, Ohio Hemp Company began growing and researching dual-purpose hemp that produces both fiber and grain. Last year, the company grew 100 acres of the crop. Thanks to the new contract with Heartland Industries, Helt and Richardson plan to plant 200 acres of dual-purpose hemp this year.

The hemp grower’s new agreement is a purchase contract to provide hemp fiber to Heartland Industries on a non-binding, year-over-year basis. Ohio Hemp Company is in the process of adding new infrastructure to support its expanding operations. The firm is building a new processing and storage facility, as well as researching new varieties of hemp.

Helt said that the new contract with Heartland Industries and other developments at his operation are signs of the growing demand for hemp in the region.

“It means everything to the growth of this company and to the growth of the industry in (Ohio) to have a major processor (with) a great demand,” said Helt. “All the different pieces of the puzzle are finally coming into place to create an entire industry from front end to back end, from the plant in the field all the way to the end consumer. It’s beautiful to see.”

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