Ohio Judge Blocks Governor’s Hemp Product Ban From Taking Effect

Ohio stores can temporarily resume to selling intoxicating hemp products—for now.

Franklin County Court of Common Pleas Judge Carl Aveni granted a 14-day temporary restraining order on Gov. Mike DeWine’s (R) executive order banning the sale of intoxicating hemp products on October 14.

DeWine announced last week a 90-day executive order that bans the sale of intoxicating hemp products that also started on October 14. The next hearing in this case is scheduled for October 28.

Intoxicating hemp products are items that contain THC that are sold anywhere other than licensed marijuana dispensaries including gas stations, smoke shops and CBD stores, among others.

Marijuana is not considered an intoxicating hemp product and is legal in Ohio. This ban does not affect the marijuana law passed by voters in 2023.

“While we continue to fight in court, today’s developments underscore our continued desire to work with the General Assembly to pass permanent legislation regarding intoxicating hemp,” DeWine said in a statement.

Titan Logistic Group, Fumee Smoke and Vape and Invicta Partners—all members of the Ohio Healthy Alternatives Association—filed a lawsuit last week against the ban, arguing DeWine is breaking federal and state law by restricting access to these products.

“Today’s decision allows thousands of hardworking Ohio entrepreneurs to continue supporting their families and serving consumers who rely on access to safe, legal, and properly regulated hemp products,” Ohio Healthy Alternatives Association said in a statement.

The 2018 Farm Bill says hemp can be grown legally if it contains less than 0.3 percent THC.

“The Executive Order is overly broad in that it applies to all hemp and hemp products including those that are legal under the 2018 Farm Bill and Ohio’s current laws,” the lawsuit says.

“It is also vague because there is no definition of ‘intoxicating hemp’ in the Ohio Revised Code or Ohio Administrative Code.”

DeWine—who has been calling on lawmakers to regulate or ban delta-8 THC products since January 2024—spent much of last week’s press conference where he announced the ban talking about the need to protect children from these products.

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