DAYTON – Ohio cannabis businesses in a recent lawsuit argue the Ohio Division of Cannabis Control’s rules for advertising are too stringent and go against the voter-approved recreational cannabis law.
“I think we’ll keep seeing more and more of Ohio sales continue to grow, but I think it’s also been hindered a little bit without really being able to get good advertising out,” said Brian Wingfield, co-owner and co-founder of the Ohio Cannabis Company. “And really, our hope is that we are able to use the rules that have been set forth for the state.”
The Ohio Cannabis Co. operates a dispensary in Piqua. It and Wilmington-based Ancient Roots LLC, a business that transforms plant material into cannabis products, were among several Ohio-based cannabis businesses included as plaintiffs in the lawsuit, the Dayton Daily News reported.
The affidavit, which was filed in Franklin County in recent weeks, says the state cannabis division is applying medical cannabis rules to adult-use cannabis, calling guidance issued to cannabis businesses this summer that related to advertising “invalid and unenforceable.”
“Specifically, the DCC was required by Issue 2 to prescribe rules related to inventory control, packaging and labeling, and advertising,” the affidavit states. “The DCC did not provide any notice or hearing on the ‘Guidance’ it has been issuing.”
A spokesperson of the Ohio Division of Cannabis Control declined to comment on the lawsuit, citing pending litigation.
Ohioans in 2023 passed Issue 2, which created a state-regulated, adult-use cannabis program. Recreational sale of cannabis to adults 21 and older started in August 2024.
Adults across the state are engaging with the recreational market, with more than $802 million reported in total product sales as of mid-September.
Wingfield said cannabis businesses invested time and thousands of their own dollars into acquiring the necessary paperwork to begin selling recreational products in their dispensaries.
But under the current state guidance, businesses are limited in how they can promote their products and locations.
“I‘m not looking for banners or billboards up on the highways,” he said. “But there are other types of advertising that I’d like them to see.”
The lawsuit states that product designs must be approved by the DCC, and businesses must file applications to roll out any new product. Each application comes with a $200 fee every time it’s submitted.
Read more at Dayton Daily News
