A lawsuit was filed by three hemp-related Ohio businesses on Oct. 8, against the governor. Mike DeWine has been sacked following his Executive order To stop retailers from selling intoxicating products made of hemp for 90-days as part of an emergency state.
This lawsuit was filed before the Franklin County Court of Common Pleas. It also names Ohio Department of Agriculture as defendant. He wrote: Executive orderDeWine ordered the ODA, among other things, to adopt emergency rules, which define hemp so as to prohibit the sale of intoxicating cannabis products outside of the licensed and regulated program in the state.
In ODA’s draft regulation, “intoxicating hemp” is a term that refers to products that contain more than 0.55 milligrams THC or 2.25 milligrams THC each package.
In the draft regulations, THC is defined as naturally occurring, synthetic, or artificial, and can be derived either way. This gives the state more power to take action against products such as delta-8 THC beverages or edibles. Delta-8 THC, an intoxicating substance that is often synthesized from CBD (which does not produce any high), can be a synthetically produced compound.
“Governor DeWine’s purported basis for invoking rulemaking authority is that consumer products containing ‘intoxicating hemp’ are adulterated,” the lawsuit states, arguing that the Ohio Revised Code Includes language that says that adding hemp or hemp products to other products “doesn’t adulterate” those other products.
The plaintiffs say that DeWine had no basis on which to issue emergency rules.
The three plaintiffs include Cleveland-based retailer and manufacturer Titan Logistics Group; West Chester-based retailer Fumee Smoke & Vape; and Cincinnati-based manufacturer Invicta Nutraceuticals.
Titan Logistics’ founder and owner Wesley Bryant testified in an affidavit that almost all of Titan Logistics’ sales are hemp-based products. He also stated that the inventory of the company will degrade, with about $150,000 “unusable” by the end of the 30 day period if the ban is implemented.
As part of DeWine’s executive order, starting on Oct. 14, Ohio companies must stop selling consumer products containing intoxicating hemp, remove them from public display, and either lawfully dispose of them, return them to the manufacturer/supplier, or hold them for disposition by law enforcement, ODA or local health authorities.
Titan estimates a loss in inventory value of $2.4M if the ban is implemented without an injunctive order from the courts.
Bryant said that Titan will have to cease all business operations permanently.
The lawsuit claims that DeWine’s Executive Order and ODA’s emergency regulation will have a negative impact on more than 4,000 family businesses and small retailers who sell hemp in Ohio.
In Ohio, the lawsuit recognizes that cannabinoids derived from hemp can be purchased without any age restriction. DeWine stated during an October 8th interview Press conference Announcing that youth accessibility was the major concern behind his decision to declare an emergency.
DeWine explained that this intoxicating product is not restricted as to its sale or purchasers. DeWine said that intoxicating hemp does not require any kind of regulatory testing and comes packaged to appeal to children. … Intoxicating hemp is dangerous, and we need better to protect our children. “I’ve just signed several orders because I know that this is true.”
Governor DeWine cited data from Ohio Poison Control Center showing that the number of exposures to delta-8 or delta-9 THC in children aged between 19 and 6 years increased, from 419 in 2021 up to 994 in 2024. Last year alone there were 555 such cases. DeWine stated that “those are the only ones we’re aware of.”
The lawsuit filed this week argues DeWine lacked the basis for issuing an executive order, because “there are no indications that hemp products present an immediate threat to public safety.”
DeWine’s lawsuit also points to the fact that, in January 2024 he urged lawmakers to pass legislation to control hemp-derived products containing cannabinoids because he was unable to take executive action.
DeWine is accused by the plaintiffs of violating separation powers when, this past week, he took an executive decision on a subject that they feel should have been a legislative issue.
The lawsuit claims that “despite acknowledging the fact that the legislature was responsible for regulating the hemp industry, the Governor DeWine still declared an emergency state in the public’s health, even though both the House of Representatives and the Senate had legislation on the table regulating the hemp products.”
A reporter asked DeWine at a press conference whether his position from early 2024 that he lacked the authority to make executive decisions had changed. The governor replied that he’d asked his attorneys to re-evaluate the issue after a prolonged period in which no legislative solution arrived on his desk.
He said that his legal advisors had concluded “that we have the right to do so.” The crisis has only gotten worse. I will not sit by as it continues.
DeWine later said that he does not blame the Legislature. The governor can declare a public health emergency for up to ninety days. After that, it will be up to lawmakers to decide what to do next.
The plaintiffs, as well as other Ohio hemp businesses, are facing a 90-day deadline that could mean irreparable damage, such a loss of customers, sales, licenses, and even their whole business.
US Hemp Roundtable is a group that advocates for hemp in the United States. It believes DeWine was “wrong-headed”, but also acted unlawfully.
Jonathan Miller, USHR General Counsel Jonathan Miller: “Governor DeWine’s Executive Order is an overreach misguided that could shut down hundreds of Ohio-based small businesses as well as wipe out millions worth of legitimate economic activity.” You can also read about the importance of this in our article. We are appalled that the Governor is trying to circumvent the Ohio Legislature by using executive power to deal a devastating blow to Ohio’s hemp-based industry. Hemp products are legal under both Ohio and federal law – this order simply isn’t supported by statute or precedent.”
Miller told the USHR that, while they share DeWine’s desire to ensure consumer safety, and prevent youth from accessing intoxicating products made of hemp, the path forward is regulation and not prohibition. Miller added that DeWine unfairly targets companies who follow the laws and are transparent.
A lawsuit was filed by three hemp-related Ohio businesses on Oct. 8, against the governor. Mike DeWine has been sacked following his Executive order To stop retailers from selling intoxicating products made of hemp for 90-days as part of an emergency state.
This lawsuit was filed before the Franklin County Court of Common Pleas. It also names Ohio Department of Agriculture as defendant. He wrote: Executive orderDeWine ordered the ODA, among other things, to adopt emergency rules, which define hemp so as to prohibit the sale of intoxicating cannabis products outside the licensed and regulated program in the state.
According to ODA’s draft regulations the term “intoxicating hemp” would refer to a product containing more than 0.5 mg of THC in each serving, or 2 mg of THC for every package.
Draft regulations add THC as a synonym for naturally occurring and synthetic THC, whether they are artificially produced or not. The state can now take action on delta-8 THC products, such as edibles or beverages. Delta-8 THC, an intoxicating substance that is often synthesized from CBD (which does not produce intoxication), can be found as a component of edibles and beverages.
“Governor DeWine’s purported basis for invoking rulemaking authority is that consumer products containing ‘intoxicating hemp’ are adulterated,” the lawsuit states, arguing that the Ohio Revised Code Includes language that says that adding hemp or hemp products to other products “doesn’t adulterate” those other products.
The plaintiffs say that DeWine had no basis on which to issue emergency rules.
The three plaintiffs include Cleveland-based retailer and manufacturer Titan Logistics Group; West Chester-based retailer Fumee Smoke & Vape; and Cincinnati-based manufacturer Invicta Nutraceuticals.
Titan Logistics’ founder and owner Wesley Bryant testified in an affidavit that almost all of Titan Logistics’ sales are hemp-based products. He also stated that if the ban is implemented, the inventory of the company will be degraded, with about $150,000 “unusable” by the end of the 30 day period.
As part of DeWine’s executive order, starting on Oct. 14, Ohio companies must stop selling consumer products containing intoxicating hemp, remove them from public display, and either lawfully dispose of them, return them to the manufacturer/supplier, or hold them for disposition by law enforcement, ODA or local health authorities.
Titan estimates a loss in inventory value of $2.4M if the ban is implemented without an injunctive order from the courts.
Bryant said that Titan will have to cease all business operations permanently.
According to the lawsuit, DeWine’s executive order as well as the ODA’s emergency regulations that are pending will affect more than 4,500 small businesses in Ohio and family-owned retail stores who sell hemp products.
In Ohio, the lawsuit recognizes that cannabinoid-derived hemp products are sold to anyone regardless of age. DeWine stated during an October 8th interview Press conference Announcing that youth accessibility was the major concern behind his decision to declare an emergency.
DeWine explained that this intoxicating product is not restricted as to its sale or purchasers. DeWine said that intoxicating hemp does not require any kind of regulatory testing and comes packaged to appeal to children. … Intoxicating hemp is dangerous, and we need better to protect our children. “I’ve just signed several orders because I know that this is true.”
Governor DeWine cited data from Ohio Poison Control Center showing that the number of exposures to delta-8 or delta-9 THC in children aged between 19 and 6 years increased, from 419 in 2021 up to 994 in 2024. In addition, 555 incidents involving younger children were reported last year. DeWine stated that “those are the only ones we’re aware of.”
In a lawsuit filed last week, DeWine was argued to be without a legal basis to issue edicts because there is “no proof that hemp-based products present an immediate threat to the public’s health.”
DeWine’s lawsuit points out, too, that in January of 2024 he urged the state legislature to pass legislation to regulate products derived from hemp cannabinoids because he was unable to take executive action.
DeWine is accused by the plaintiffs of violating separation powers when, this week, he took an executive decision on a subject that they feel should have been a legislative issue.
According to the lawsuit, “despite Governor DeWine’s acknowledgement that hemp regulation was the responsibility of the Legislature and despite the House and Senate having legislation in progress regulating hemp-based products, he declared a state of public emergency.”
DeWine responded to the reporter who asked him during the presser what had changed since his initial 2024 claim that he did not have the power to act as an executive, saying he’d asked his attorneys to review the issue after a prolonged period in which no legislative solution arrived at his desk.
He said that his legal advisors had concluded “that we have a lot of power.” The crisis has only gotten worse. I will not sit by as it continues.
DeWine later said that he does not blame the Legislature. The governor can declare a public health emergency for up to ninety days. After that, it will be up to lawmakers to decide what to do next.
The 90 days are a critical time for the plaintiffs as well other Ohio hemp related businesses. This is a period of irreparable injury, which includes loss of revenue, clients, licenses or their entire operation.
The U.S. Hemp Roundtable, a national advocacy group for the hemp industry, condemned DeWine’s executive order. They believe the governor not only acted “wrongheadedly” but also illegally.
Jonathan Miller, USHR’s General Counsel said: “The Governor DeWine executive order represents a misguided attempt to overreach. It threatens hundreds of small Ohio businesses by closing them down and wiping out millions from legitimate economic activity.” You can also read about the importance of this in our article. We are appalled that the Governor is trying to circumvent the Ohio Legislature by using executive power to deal a devastating blow to Ohio’s hemp-based industry. Hemp products are legal under both Ohio and federal law – this order simply isn’t supported by statute or precedent.”
Miller said the USHR shared DeWine’s goals of ensuring the safety of consumers and preventing the access by youth to hemp-based products that are intoxicating. However, Miller said the USHR believes that regulation and not prohibition is the way to go and that DeWine unfairly targets companies who follow the laws and operate with transparency.
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