The decision today allows Ohio’s hardworking entrepreneurs to support their families while serving the needs of consumers who depend on safe, legal and properly regulated products made from hemp.
By Megan Henry, Ohio Capital Journal
Ohio stores can temporarily resume to selling intoxicating hemp products—for now.
Carl Aveni of the Franklin County Court of Common Pleas granted a temporary restraining orders for a period of 14 days against Gov. Mike DeWine (R) issued an executive order on October 14 banning the sales of hemp-based intoxicants.
DeWine issued last week an executive order for a period of 90 days that prohibits the sale and distribution of products containing intoxicating hemp. This ban also began on 14 October. The next hearing is set for the 28th of October.
Items containing THC sold in places other than marijuana dispensaries include gas stations and CBD stores.
Ohio does not consider marijuana to be a hemp product that is intoxicating. Marijuana, therefore, is legal. The marijuana law that voters passed in 2023 is not affected by this ban.
DeWine stated in a press release that “While we will continue our fight in the courts, today’s development underscores our desire to continue working with General Assembly in order to pass permanent legislation on intoxicating hemp.”
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.
In a recent statement, the Ohio Healthy Alternatives Association stated that “today’s ruling allows for thousands of Ohio entrepreneurs who work hard to provide their families with safe and legal hemp products to serve consumers.”
According to the 2018 Farm Bill, hemp is legal if its THC content is less than 0.3%.
According to the lawsuit, “The Executive Order applies to all hemp or hemp products that are currently legal in Ohio and under the 2018 Farm Bill,” and that includes those hemp and hemp product that is not included.
“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.
It was reported in January 2024 that there had been at least 257 reports of delta-8 poisoning in Ohio in recent years—including 102 in 2023 and 40 that involved children under six-years-old, according to the Ohio Poison Control Center.
The plaintiffs disagree.
In the suit, it is stated that DeWine has no basis to issue an executive directive to regulate all products containing hemp because hemp does not present a threat to public safety.
The lawsuit claims that Ohio is home more than 4,000 family and small business owners who are selling hemp products.
Ohio Capital Journal spoke to hemp producers who are worried about what DeWine’s ban will mean for their customers and businesses.
According to court documents, Titan sells only hemp products and will have to shut down if the ban is implemented.
Court documents state that Fumee sells hemp-based products at 25 percent and expects to lay off half their employees if the ban is implemented.
“Governor DeWine’s order was not only unlawful—it was an abuse of executive authority that threatened to devastate an entire sector overnight,” Dakota Sawyer of American Republic Policy said in a statement. The decision of today restores the sanity, and ensures due process.
Jim Higdon said that the Ohio judge’s decision was good for Ohio. Cornbread Hemp is a Kentucky company which has more than 300 Ohio stores selling its products.
Higdon stated in a written statement that “by granting the TRO the court acknowledged that Governor DeWines irresponsible executive order shouldn’t take effect until there has been a legislative debate, and due process.”
The decision sends an important message to lawmakers that they must take action.
The Ohio state legislature has introduced a few bills that regulate hemp-based intoxicants in different ways.
Intoxication of hemp products is regulated in at least 32 States.
The original publication of this story is Ohio Capital Journal.
Rawpixel, Philip Steffan and other photographers provided the images.