Ohio Recriminalizes Certain Intoxicating Hemp Beverages, But Employer Testing Policies Can Hold Steady

Ohio Gov. Mike DeWine signed, but partially vetoed, a bill (S.B. 56) that effectively recriminalizes certain intoxicating hemp beverages as of March 20, 2026. Specifically, hemp beverages may no longer contain more than .3% of any tetrahydrocannabinols (THC) under the new law.

Ohio voters passed a ballot measure legalizing recreational marijuana and related products in 2023. The new law rolls back part of that legalization, but Ohio employers’ drug and alcohol testing policies can remain intact.

Federal Regulation

Cannabis and its derivatives generally are classified as either marijuana or hemp under federal law. Marijuana is a controlled substance subject to regulation under the federal Controlled Substances Act, while hemp is not a controlled substance. The Act also regulates THC, other than THC in hemp. Delta-9 THC is the primary cannabinoid that produces the “high” typically associated with marijuana use.

The 2018 federal Farm Bill defined hemp to include the cannabis plant or any part of that plant with a Delta-9 THC concentration of not more than 0.3% by dry weight volume.

In November 2025, Congress voted to ban hemp products containing .4% THC or more. President Donald Trump signed this law, but it will not take effect until November 2026. Significantly, the definition of hemp was amended to refer to “total THC concentration,” which would also include Delta-8 and Delta-10 THC.

Veto Message

In his veto message, Gov. Mike DeWine noted that federal law will ban intoxicating hemp beginning in November 2026, but for public policy reasons, Ohio will begin banning these substances before then. His message went on to say:

“Further, purveyors of intoxicating hemp often market their products as an alcohol substitute, even claiming health benefits. The facts are that THC is not analogous to alcohol, is metabolized differently than alcohol, and does not intoxicate in the same way that alcohol does. This can mislead consumers into thinking these products will have the same effects on them as alcohol, when there is no way to guarantee such claims, thus creating safety issues.

What This Means

THC differs from alcohol because it builds up in the body over time, which can lead to positive drug test results. Ohio law still permits employers to have zero tolerance drug and alcohol policies and to conduct drug and alcohol testing. Employers are permitted to have policies that prohibit positive test results for THC.