Valentine Of A Different Kind - State of Ohio Sues Nine Major Multistate Cannabis Operators Over Valentine Anti-Trust Act

Valentine isn't just about love. Ohio Attorney General alledges nine major players in the Cannabis industry are violating the Ohio Valentine Anti-Trust Act of 1898 which prohibits conspiracies or agreements that prohibit trade and/or attempt to manipulate a market or industry.  

In an antitrust lawsuit, Ohio Attorney General Dave Yost accuses nine multistate cannabis operators of engaging in anti-competitive conduct to reduce product choice and keep prices artificially high, harming both consumers and smaller, Ohio-based cannabis businesses.

The lawsuit stems from an October 2024 tip submitted to Yost’s office by an Ohio cannabis industry employee that alleged widespread “shelf-space allotments” among large, vertically integrated cannabis companies operating in Ohio and nationwide.  

The 51 page lawsuit states specific messages and correspondence alleged across multiple parties, violating several anti-trust laws across multiple state lines. (1)

According to the tip and later corroborated in the investigation, multistate cannabis operators entered into reciprocal purchasing agreements — negotiated at a national level — to prioritize one another’s products in Ohio dispensaries while reducing or eliminating purchases from independent Ohio cultivators and processors.

“Our investigation uncovered allegations of an industry-wide scheme designed to push small Ohio businesses out of the market,” Yost said. “Ohio’s antitrust laws protect competition and consumers, not backroom deals that rig the system for a select few.”

According to the tip, senior representatives from major multistate operators met in late 2022 and agreed to reduce purchases from independent businesses in order to preserve shelf space for one another during a period of increased supply and declining prices. The tip further alleged that some companies established explicit internal quotas, reserving a substantial percentage of dispensary shelf space for products sourced through reciprocal agreements with other multistate operators.

The defendants named in the lawsuit are:

• Ascend Wellness
• Ayr Wellness
• The Cannabist Company
• Cresco Labs
• Curaleaf
• Green Thumb Industries
• Jushi
• Trulieve
• Verano

The lawsuit alleges each defendant violated Ohio’s Valentine Act by:

• Entering into reciprocal trade agreements with competitors.
• Sharing competitively sensitive information.
• Engaging in discriminatory distribution practices that disadvantaged independent Ohio cannabis operators.

The "Valentine Act" isn't a single federal law, but usually refers to the Valentine Anti-Trust Act of 1898 in Ohio. It prohibits conspiracies or agreements that restrain trade, limit production, or fix prices to prevent competition. (2)

According to the complaint, these actions reduced product choice and quality for Ohio consumers, stifled innovation, and allowed the defendants to maintain or increase supra-competitive prices in the state’s cannabis market.

Attorney General Yost is seeking injunctive relief to halt the alleged unlawful conduct. (3)

SOURCES

1. STATE OF OHIO V ASCEND WELLNESS ET AL - Ohio Attorney General - https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/STATE-OF-OHIO-V-ASCEND-WELLNESS-ET-AL.ASPX

2. VALENTINE ACT - Ohio Bar - https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/business/valentine-act-protects-trade-and-competition-in-ohio/

3. NEWS RELEASE - Ohio Attorney General - Yost Sue's Multistate Cannabis Operators for Anti Competitive Practices - https://www.ohioattorneygeneral.gov/Media/News-Releases/February-2026/Yost-Sues-Multistate-Cannabis-Operators-for-Anti-C