On Friday, March 6, 2026, Ashbrook Byrne Kresge Flowers LLC (ABKF) filed an emergency Complaint and Motion for a Peremptory Writ of Mandamus in the Supreme Court of Ohio on behalf of four hemp beverage companies and distributors. The lawsuit challenges Governor Mike DeWine’s attempt to unilaterally veto a critical nine-month sales window for hemp-derived beverages. This veto is blatantly unconstitutional and threatens to devastate an entire industry.
The urgency is compounded by recent guidance from the Ohio Division of Cannabis Control, which has warned that if the vetoed version of Senate Bill 56 takes effect on March 20, 2026, any attempt to transport existing hemp beverage inventory out of Ohio could be prosecuted as felony drug trafficking. Businesses have been instructed to destroy their inventory or face criminal liability.
The case, filed on behalf of Fifty West Brewing Company, Urban Artifact, Cycling Frog, and Sarene Craft Beer Distributors, seeks to invalidate the Governor’s “line-item” veto of Chapter 3779 of Senate Bill 56, which would have allowed hemp beverage manufacturers and distributors to continue operations through December 31, 2026.
“This is not just about policy—it’s about the rule of law,” said James S. Kresge, counsel for the Relators. “The Ohio Constitution does not permit the Governor to rewrite legislation by deleting entire sections. His veto is unlawful, and it’s catastrophic for our clients.”
The affidavits filed alongside the Complaint paint a stark picture of the real-world consequences if the veto is allowed to stand.
“If Fifty West’s Sunflower brand is removed from the market, we estimate an immediate impact on our production workforce,” said Bobby Slattery, founder of Fifty West Brewing Company. “Without the revenue generated by Sunflower, the likelihood of being forced to shut down our Chillicothe brewery becomes more of a reality. That would mean even more jobs lost and a shuttered vibrant anchor business in the heart of downtown.” Slattery advocated for the passage of Senate Bill 56 because of Chapter 3779, and he met with several State Senators including Senate Bill 56’s sponsor Senator Steve Huffman. “I don’t think the bill would have passed without the carve-out for hemp beverages. I feel like the Governor pulled the rug out from under us.”
Scotty Hunter, CFO of Urban Artifact, echoed the urgency: “We’ve already lost over $1.7 million in annual revenue from our co-packing business since the veto. We’ve laid off six employees and a contractor, and more cuts are coming. If we can’t sell our 7,500-case inventory, we’re looking at a loss of up to $250,000.”
Dylan Summers, Vice President of Government Affairs at Cycling Frog, emphasized the national impact: “Ohio represents 20% of our national sales. If the veto stands, we’ll lose a fifth of our business and be forced to lay off up to four employees. That’s not just a hit—it’s a blow to our ability to operate.”
For Sarene Craft Beer Distributors, the stakes are even higher. “We’ve lost millions in revenue already resulting in the first round of layoffs we’ve ever had to do, and stand to lose substantially more here.” said co-owner Joseph Grabowski. “Between the first illegal executive order the governor tried and now this, businesses in the state are understandably confused, frustrated and nervous. The legislature laid out a clear path forward for safe, low milligram beverages with necessary regulation and again the governor is overstepping his authority to try and circumvent them.”
Carol A. Thompson, counsel for the Relators, emphasized the broader implications: “This isn’t just about a few companies—it’s about the state honoring its own laws. Our clients made good-faith investments based on legislation passed by the General Assembly. The Governor’s veto doesn’t just threaten their livelihoods. The Governor’s invalid veto undermines the constitutional separation of powers.”
The Complaint argues that Governor DeWine’s veto violates Article II, Section 16 of the Ohio Constitution, which limits the Governor’s veto power to “items” in appropriation bills. The Governor cannot rewrite legislation by vetoing entire sections or chapters of law. ABKF is seeking immediate relief before the vetoed version of S.B. 56 takes effect on March 20, 2026.
“This is a textbook case of executive overreach,” said Andrew D. McCartney, lead counsel on the case. “Our clients followed the law, invested millions, and built businesses that employ Ohioans and serve Ohio communities. They deserve the protections the General Assembly passed—and the Constitution demands.”
The Supreme Court of Ohio has been asked to issue a ruling on an emergency basis before the March 20 deadline.
For more information, contact:
Ashbrook Byrne Kresge Flowers LLC
(513) 201-5775
info@abkf.com
