Fifty West Brewing Company in Mariemont is shipping its Sunflower THC seltzer back to Ohio retailers after a federal judge blocked the state's five-month ban on hemp-derived THC drinks.

U.S. District Judge Jeffrey J. Helmick issued a preliminary injunction Sept. 4 barring Ohio from enforcing portions of Senate Bill 56 against a group of hemp businesses that includes Fifty West, Rhinegeist, Great Lakes Brewing Company and more than a dozen other plaintiffs, The Marijuana Herald reported. The ruling found the companies were likely to succeed on their claim that Ohio's restrictions violate the U.S. Constitution's Dormant Commerce Clause.

SB 56 took effect March 20 and reclassified hemp products containing more than 0.4 milligrams of combined total THC per container as cannabis, effectively pulling THC seltzers and drinks from store shelves statewide.

"Obviously, it's been a rollercoaster," Bobby Slattery, owner of Fifty West Brewing Company, told WCPO.

The ban hit Fifty West hard. Slattery told LINK nky in August that the brewery lost an estimated $2 million to $3 million in revenue during 2026. Sunflower had been the brewery's top seller before the ban. Staff were laid off, and the company moved inventory across the Ohio River into Kentucky, where THC beverage regulations are more permissive.

The legal fight unfolded in stages. In June, a federal judge granted a temporary restraining order for several Ohio breweries, including Cincinnati's Urban Artifact, that had sued 96 Ohio prosecutors over the ban, according to WCPO. Fifty West and Rhinegeist later received their own restraining orders before the Sept. 4 preliminary injunction broadened protections for all plaintiffs.

Now Fifty West is hiring again. Slattery told WCPO the brewery brought on new staff the week of Tuesday, Sept. 1, to keep up with demand. But he said the company is being cautious about how fast it ramps up.

Ohio has appealed to the U.S. Court of Appeals for the Sixth Circuit, arguing that SB 56 does not discriminate because licenses are available to both in-state and out-of-state applicants, according to a Dentons legal analysis.

A separate federal deadline looms. President Donald Trump signed a bill delaying the federal recriminalization of hemp THC products to Dec. 11, Marijuana Moment reported. After that date, hemp products with more than 0.4 milligrams of total THC per container would be classified as Schedule 1 controlled substances under current law.

A bipartisan bill, the Beverage Regulatory Parity Act, introduced by Reps. Beth Van Duyne, R-Texas, and Greg Landsman, D-Ohio, would exempt hemp THC beverages from the federal ban while imposing testing, labeling and age requirements. The bill had not advanced to a hearing as of late August.

Slattery told WCPO he expects new federal and state regulations after midterm elections and a change in Ohio's governorship. The current governor's term ends in late November.

The preliminary injunction does not permanently invalidate SB 56. It preserves the plaintiffs' ability to sell federally lawful hemp products while the constitutional challenge moves forward. No trial date has been set.