Before a March ban took effect around the state, the Cincinnati-based Fifty West Brewing Company was looking to manufacture less beer and more THC seltzer in 2026.
“It was a large majority of business that was essentially taken away,” Fifty West Brewing Company founder Bobby Slattery said in an interview Friday.
Now, even with a judge’s ruling this week in the hemp industry’s favor, nothing is changing for the time being, he said.
“Our product sells incredibly well over in Kentucky, and the consumers that want it, they’re going to go drive across the border and then bring it back,” Slattery said. “The minute they bring it back, if they bring our products back, it’s illegal, but if they were to bring one of the ones in (the) lawsuit, I guess it’s legal?”
In December, the final version of Senate Bill 56 banned most so-called intoxicating hemp, but gave drinkable THC and CBD more leeway, mirroring the timeline of recent federal actions against hemp. But Gov. Mike DeWine used a line item veto to strike the measure that carved out beverages, saying it would cause more confusion.
An effort to overturn that veto fell short on the signatures it needed for the ballot.
But several businesses that make and sell hemp-infused beverages have filed legal challenges. So now, under an injunction by the U.S. District Court for the Northern District of Ohio, several businesses who sued the state are now legally able to make and sell hemp.
Among those businesses was the Cleveland and Columbus-based Saucy Brew Works, which makes seltzers. “BIG NEWS: the vibes can continue on,” an Instagram video from Tuesday reads.
The law is not enjoined statewide, meaning Fifty West and other businesses not included on the lawsuit are still subject to it.
“Technically,” Slattery said, “If we go back and manufacture or sell these, I’m going to go to jail for being an illegal marijuana distributor.”
A veto override vote would need to be held by the end of the year, since the legislative session also ends in December.
