COLUMBUS – Ohio marijuana companies sued regulators over product and advertising rules, saying they’re too strict and violate the law approved by voters.
Cleveland-based Ancient Roots, Akron-based Fire Rock and five other businesses filed a lawsuit Sept. 17 against the Division of Cannabis Control, which oversees the state’s marijuana program. The move came nearly two years after Ohioans legalized recreational marijuana in the November 2023 election.
Adult-use marijuana sales began in August 2024. The lawsuit contends Ohio is requiring companies to follow outdated guidance from the medical cannabis program that doesn’t comply with the new law.
“I thought we would’ve seen a little bit of growth and more people would know and understand what’s going on,” said Brian Wingfield, co-founder of Ohio Cannabis Company, one of the businesses that sued. “It would be a lot nicer if we were running under a recreational program.”
A spokesperson for the Division of Cannabis Control declined to comment on pending litigation.
Lawsuit blasts Ohio marijuana agency for strict, confusing rules
The voter-backed law, known as Issue 2, gave the division until September 2024 to issue dual-use licenses for businesses already in the medical market. It also instructed regulators to set rules for licensing, advertising, product standards and more.
The rulemaking process hasn’t gone as quickly as business owners hoped.
The Legislature’s ongoing debate over whether to change the marijuana law stalled the division’s work, Superintendent Jim Canepa told the statehouse bureau in July. Canepa said regulators have “cranked it back up” and don’t drag their feet.
The division has drafted rules for products and advertising, with an emphasis on ensuring they don’t appeal to children. In August, the agency issued long-awaited guidance allowing companies to manufacture and sell pre-rolled joints.
In their complaint, marijuana operators said the division created unnecessary hurdles and uncertainty over what is and isn’t allowed.
The state told Ohio Cannabis Company that it can’t include the phrase “Merry Christmas” in advertisements or promote holiday deals, in part because holidays are geared toward children, according to court documents.
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