Ohio Governor Mike DeWine stopped short of implementing his emergency executive order last week to prohibit the sale intoxicating products made from hemp.
On October 14th, the executive order would have been implemented and retailers were required to stop selling intoxicating products made from hemp. The ban would last 90 days in order to allow for some breathing time while the General Assembly worked on relevant legislation.
A group representing hemp companies immediately took the case to court, saying that the governor’s office had acted outside of its jurisdiction. A Franklin County Judge sided with the plaintiffs on October 14 and issued a Temporary Restrictive Order (TRO). This has put a halt to the ban.
Carl Aveni, Franklin County Common Pleas judge said in his decision that the separation of powers was not about convenience. “The court urges the General Assembly to exercise its own, separate constitutional authority … and to do so without delay.”
A second hearing is scheduled for 28 October to determine whether the ban will be implemented.
Commenting about X regarding the decision Governor DeWine said Ohio voters had voted to limit the sale cannabis only to dispensaries. The sale of hemp-based intoxicants in other places, as they have been up to now, was neither considered by Ohio legislators nor approved by Ohio’s voters.
The Ohio voters approved of a market that was highly regulated. They did not support sales at these other locations. Ohio voters demanded, according to him, that the products tested be free of harmful chemicals and do not target children. While we will continue our legal battle, the recent developments show that we are still committed to working with the General Assembly on a permanent law regarding intoxicating cannabis.
In early 2013, Governor Mike DeWine urged Ohio General Assembly members to take action on the issue of intoxicating hemp. He is most concerned about the availability of such products to children and packaging that mimics popular snack brands, which would appeal to them. And it appears there are many in his state.
Ohio does have a recreational and medical marijuana program. However, hemp-derived THC is not covered by either set of rules. This can be achieved through the manipulation of CBD, a nontoxic cannabinoid.