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Ohio Governor Tells Cannabis Advocates To Stop ‘Whining’ Over Legalization Law Changes As Rollback Referendum Proceeds
Feb 9, 2026
Kyle Jaeger
Marijuana Moment
The governor of Ohio has a message for critics of a law rolling back the
state’s marijuana market and criminalizing intoxicating hemp products: Stop
“whining.”
As a campaign behind a referendum to block certain provisions of the
cannabis roll-back law gets to work, Gov. Mike DeWine (R) was asked about
the issue and what it would mean if they ultimately proved successful.
“I think the proponents should be happy with their victory at the polls,
instead of now going back and whining about something the legislature has
done, which frankly I think is very consistent with what the average voter
was thinking when they went in to vote,” the governor told News 5 Cleveland.
“I think we’re very consistent with what voters intended,” he said.
The proposed referendum, led by Ohioans for Cannabis Choice, was recently
cleared by the state attorney general’s office following a review of the
title and summary. That came after activists revised an initial version
that was deemed affirmatively misleading.
When the governor said that “proponents” of the referendum should take the
win and accept the policy changes that are being implemented under SB 56,
he wasn’t necessarily referring to the broader marijuana industry, as many
stakeholders support reining in the consumable hemp market.
“You see this gray market that pops up selling dangerous drugs to children
and all other Ohio consumers,” Adrienne Robbins of the Ohio Cannabis
Coalition said.
But some hemp industry operatives, consumers and advocates view the law’s
enactment as an example of legislative overreach.
“We elect officials to represent us and represent what we want to see
happen,” Scotty Hunter, whose brewery Urban Artifact sells THC-infused
beverages, said . “We don’t elect officials to tell us how to behave, how
to act, what to consume. I think they’re out of line, quite honestly.”
“The fact that the legislature is okay with eliminating 6,000 businesses, a
billion dollars per year in economic activity, it’s crazy to me—especially
when so many Ohioans are struggling,” he said. “This is an opportunity for
so many small businesses, and now, you’re gonna make the economic situation
even tougher.”
“It’s about the freedom of choice and the government not being overbearing
in what people can do day to day in their everyday life,” Hunter said. “And
SB 56 completely tramples all over that.”
The governor’s office and a senator who led the charge to pass the bill
have previously criticized the cannabis referendum campaign.
In general, the proposal would repeal the first three core sections of a
controversial bill that DeWine signed in December that he says is intended
to crack down on the unregulated intoxicating hemp market. But the
legislation would do more than restrict the sale of cannabinoid products to
dispensaries.
The law also recriminalizes certain marijuana activity that was legalized
under the ballot initiative voters approved in 2023, and it’d additionally
remove anti-discrimination protections for cannabis consumers that were
enacted under that law.
The governor additionally used his line-item veto powers to cancel a
section of the bill that would have delayed the implementation of the ban
on hemp beverages.
Advocates and stakeholders strongly protested the now-enacted legislation,
arguing that it undermines the will of voters who approved cannabis
legalization and would effectively eradicate the state’s hemp industry, as
there are low expectations that adults will opt for hemp-based products
over marijuana when they visit a dispensary.
The pushback inspired the newly filed referendum—but the path to
successfully blocking the law is narrow.
If activists reach the signature threshold by the deadline, which coincides
with the same day the restrictive law is to take effect, SB 56 would not be
implemented until voters got a chance to decide on the issue at the ballot.
A summary of the submitted referendum states that “Sections 1, 2, and 3 of
Am. Sub. S. B. No. 56 enact new provisions and amend and repeal existing
provisions of the Ohio Revised Code that relate to the regulation,
criminalization, and taxation of cannabis products, such as the sale, use,
possession, cultivation, license, classification, transport, and
manufacture of marijuana and certain hemp products.”
“If a majority of the voters vote to not approve Sections 1, 2, and 3 of
the Act, then the enacted changes will not take effect and the prior
version of the affected laws will remain in effect,” it says.
Advocates have flagged a series of concerns with the law, pointing out, for
example, that it would eliminate language in statute providing
anti-discrimination protections for people who lawfully use cannabis. That
includes protections meant to prevent adverse actions in the context of
child custody rights, the ability to qualify for organ transplants and
professional licensing.
It would also recriminalize possessing marijuana from any source that isn’t
a state-licensed dispensary in Ohio or from a legal homegrow. As such,
people could be charged with a crime for carrying cannabis they bought at a
legal retailer in neighboring Michigan.
Additionally, it would ban smoking cannabis at outdoor public locations
such as bar patios—and it would allow landlords to prohibit vaping
marijuana at rented homes. Violating that latter policy, even if it
involves vaping in a person’s own backyard at a rental home, would
constitute a misdemeanor offense.
The legislation would also replace what had been a proposed regulatory
framework for intoxicating hemp that the House had approved with a broad
prohibition on sales outside marijuana dispensaries following a recent
federal move to recriminalize such products.
Under the law, hemp items with more than 0.4 mg of total THC per container,
or those containing synthetic cannabinoids, could no longer be sold outside
of a licensed marijuana dispensary setting. That would align with a
recently enacted federal hemp law included in an appropriations package
signed by President Donald Trump.
The federal law imposing a ban on most consumable hemp products has a
one-year implementation window, however, and it appears the Ohio
legislation would take effect sooner. As passed by the legislature, a
temporary regulatory program for hemp beverages would have stayed in place
in Ohio until December 31, 2026, but that provision was vetoed by the
governor.
The law also includes language stipulating that, if the federal government
moves to legalize hemp with higher THC content, it’s the intent of the Ohio
legislature to review that policy change and consider potential state-level
reforms to regulate such products.
The bill signing came months after DeWine issued emergency rules
prohibiting the sale of intoxicating hemp products for 90 days, with
instructions to the legislature to consider permanent regulations. A county
judge has enjoined the state from enforcing that policy in response to a
legal challenge.
*— Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon
supporters pledging at least $25/month get access to our interactive maps,
charts and hearing calendar so they don’t miss any developments.*
*Learn more about our marijuana bill tracker and become a supporter on
Patreon to get access. —*
Meanwhile, in September, the Ohio Department of Cannabis Control (DCC)
filed proposed rules to build upon the state’s marijuana legalization law, laying
out plans to update regulations on labeling and packaging requirements.
Ohio retailers sold more than $1 billion worth of legal marijuana products in
2025, according to data from the state Department of Commerce (DOC).
In March, a survey of 38 municipalities by the Ohio State University’s
(OSU) Moritz College of Law found that local leaders were “unequivocally
opposed” to earlier proposals that would have stripped the planned funding.
Meanwhile in Ohio, adults as of June are able to buy more than double the
amount of marijuana than they were under previous limits, with state
officials determining that the market can sustainably supply both medical
cannabis patients and adult consumers.
The governor in March separately announced his desire to reallocate
marijuana tax revenue to support police training, local jails and
behavioral health services. He said funding police training was a top
priority, even if that wasn’t included in what voters passed in 2023.
*Photo courtesy of Brian Shamblen.*
The post Ohio Governor Tells Cannabis Advocates To Stop ‘Whining’ Over
Legalization Law Changes As Rollback Referendum Proceeds appeared first on Marijuana
Moment.













