Ohio Businesses Challenge DeWine's Veto of Hemp Beverage Grace Period

Four companies file emergency lawsuit after governor rejects provision allowing sale of intoxicating hemp drinks through 2026

Published on Mar. 11, 2026

Got story updates? Submit your updates here. ›

Four Ohio businesses have filed an emergency lawsuit in the state's Supreme Court challenging Governor Mike DeWine's veto of a provision in Senate Bill 56 that would have allowed the sale of intoxicating hemp beverages containing up to 5 milligrams of THC per serving through the end of 2026. The vetoed language was intended to provide a grace period for manufacturers to sell off existing inventory and transition their operations before the broader ban takes effect.

Why it matters

This case highlights the ongoing tensions between state and federal regulations around hemp and cannabis products, as well as the economic impacts on businesses that have invested in the hemp beverage market in Ohio. The lawsuit also comes as a separate campaign is underway to put a referendum on the ballot that could block much of SB 56 from taking effect.

The details

The lawsuit was filed by Fifty West Brewing Co. of Cincinnati, Grayscale Brewing of Cincinnati, North Fork Distribution I of Seattle, and Sarene Craft Beer Distributors of Grove City. They argue that DeWine's veto of the grace period provision is 'lawless' and will force them to potentially face criminal enforcement actions, lay off dozens of employees, and absorb millions in losses from unsold inventory. The plaintiffs are asking the court to order the Secretary of State to recognize the original version of SB 56 before the veto, and to compel state regulators to establish rules for hemp beverages by March 20 when the broader law takes effect.

  • DeWine signed SB 56 into law in December 2025, which included the vetoed provision.
  • The lawsuit was filed on an emergency basis last week.
  • The broader hemp regulations in SB 56 are set to take effect on March 20, 2026.

The players

Mike DeWine

The governor of Ohio who vetoed the grace period provision in SB 56 that would have allowed the continued sale of intoxicating hemp beverages.

Fifty West Brewing Co.

A Cincinnati-based business that is one of the plaintiffs in the lawsuit challenging DeWine's veto.

Grayscale Brewing

A Cincinnati-based business that is one of the plaintiffs in the lawsuit challenging DeWine's veto.

North Fork Distribution I

A Seattle-based business that is one of the plaintiffs in the lawsuit challenging DeWine's veto.

Sarene Craft Beer Distributors

A Grove City, Ohio-based business that is one of the plaintiffs in the lawsuit challenging DeWine's veto.

Got photos? Submit your photos here. ›

What they’re saying

“Ohio is making good public policy by enacting its own intoxicating hemp ban earlier than federal law. However, a carve-out to allow the further sale of intoxicating hemp beverages for most of 2026 will create confusion for consumers and a lack of conformity with federal law.”

— Mike DeWine, Governor of Ohio (Governor's veto message)

“No Ohio voter ever approved THC beverages to be sold at restaurants, breweries, convenience stores, or carryouts.”

— Dan Tierney, Spokesman for Governor DeWine (Statement)

What’s next

The Ohio Supreme Court will decide whether to grant the plaintiffs' request to order the Secretary of State to recognize the original version of SB 56 before DeWine's veto, and to compel state regulators to establish rules for hemp beverages by March 20.

The takeaway

This case highlights the ongoing regulatory uncertainty and economic impacts surrounding the hemp beverage industry in Ohio, as state and federal laws continue to evolve. The outcome could have significant implications for businesses that have invested in this market and the availability of these products for Ohio consumers.