CINCINNATI — Four Ohio breweries filed a lawsuit against the state to block a ban on THC-infused beverages scheduled to begin on March 20.
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The legal action follows line-item vetoes by Gov. Mike DeWine that moved the ban’s deadline forward by several months.
The lawsuit, which includes Cincinnati-based Fifty West Brewing Company and Urban Artifact, characterizes the governor’s actions on Senate Bill 56 as “lawless executive overreach,” according to our news partners at WCPO.
Before the vetoes, the legislation would have allowed the sale of hemp-derived THC drinks until the end of 2026 to align with expected changes at the federal level.
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Bobby Slattery, the owner of Fifty West Brewing Company, said the sudden change threatens the viability of local businesses and existing investments.
Slattery noted that his company has invested nearly $1 million in the THC beverage space.
“This is gonna harm our business, it’s gonna cost jobs, it’s gonna cost people, and it’s gonna hurt Ohio as a whole,” Slattery said.
He expressed frustration that the vetoes discarded months of negotiations between the breweries and the Ohio General Assembly.
“Essentially everything that we agreed, that the house and senate worked on to put that language in there, he overrode that with a stroke of a pen,” Slattery said.
Urban Artifact CFO and head of sales Scotty Hunter also criticized the governor’s intervention in the legislative process.
In a statement, Hunter said the vetoes essentially rewrote legislation passed by state lawmakers.
“We believe that what the Governor did was unwarranted executive overreach by essentially rewriting legislation passed by the General Assembly,” Hunter said. “This violates the Ohio constitution and turns a sell-through period into an outright ban.”
The lawsuit specifically claims Gov. DeWine vetoed 15 pages of the bill, which the plaintiffs argue exceeds his authority to disapprove only of individual items in appropriation bills.
The governor’s office defended the decision to move the ban forward.
Dan Tierney, the deputy director of media relations for the governor, noted that the public had not explicitly sanctioned the sale of these products in traditional hospitality settings.
“No Ohio voter ever approved THC beverages to be sold at restaurants or breweries,” Tierney said.
The breweries involved warn that the ban will lead to immediate workforce reductions.
While Slattery stated he would have to lay off employees if the lawsuit fails, Urban Artifact confirmed it has already laid off several employees due to the impending deadline.
Ben Kindel, press secretary and deputy communications director for Secretary of State Frank LaRose, said the office is reviewing the lawsuit with legal counsel and the State Attorney General.
The Division of Liquor Control declined to comment on the pending litigation.
The Division of Cannabis Control is also named in the suit but has not yet responded to inquiries.
The breweries are seeking a court injunction to stop or delay the ban before it takes effect. The March 20 deadline is currently less than two weeks away.
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