State-Level Resistance Emerges Against Federal Hemp THC Ban

As the Farm Bill loophole closes, bringing an end to the nationwide market for intoxicating hemp THC products, the cannabis industry is celebrating. However, questions are arising about the potential for states to ignore the federal ban. In Ohio, where regulated marijuana sales began last year, this question is particularly pertinent. Despite the federal ban, hemp-derived THC products continue to compete with regulated marijuana, and some state lawmakers have even approved hemp-derived beverages

Ohio Governor Mike DeWine, a Republican, issued an executive order in October to ban hemp-derived THC products at the state level, following the example set by California. However, DeWine's order is currently stalled in the courts, leaving Ohio lawmakers in a state of uncertainty. The state is attempting to regulate hemp THC similarly to marijuana, but as Republican state Rep. Tex Fischer noted, the process is slow as they navigate federal developments. This uncertainty highlights the complex legal landscape states face in aligning with federal regulations

The enforcement of the federal ban remains a significant challenge. Despite federal prohibition, the $32 billion legal marijuana industry continues to thrive, raising questions about the future of the $28.3 billion hemp sector. Jonathan Adler, a law professor at William & Mary, pointed out that the federal government lacks the resources to target individual retailers and consumers. This reality suggests that, like marijuana, hemp-derived products might persist despite federal restrictions

Republican state House Speaker Matt Huffman acknowledges the popularity of hemp-derived THC beverages, which are sold at major retailers like Target and Circle K. Huffman expressed skepticism about strict enforcement, questioning whether authorities would target low-level employees for selling these products. This sentiment reflects a broader acknowledgment among some lawmakers that federal enforcement may be difficult to implement effectively at the state level

Looking forward, the future of hemp-derived THC products remains uncertain as states grapple with the federal ban. President Donald Trump signed the ban into law, set to take effect in November 2026, but the path to enforcement is unclear. The ongoing legal battles and regulatory uncertainty have already impacted the industry, with stock prices for publicly traded marijuana companies experiencing a decline. As states continue to navigate this complex issue, the tension between federal and state cannabis regulations remains a critical point of contention