Ohio Judge Extends Pause On Governor’s Hemp Product Ban

Ohio has more than 4,000 small businesses and family-owned businesses that sell hemp products, according to the lawsuit.

By Megan Henry, Ohio Capital Journal

Ohio stores and restaurants can continue to sell intoxicating hemp products through at least early December.

Franklin County Court of Common Pleas Judge Carl Aveni extended the temporary restraining order on Gov. Mike DeWine’s (R) executive order banning the sale of intoxicating hemp products until December 2.

Aveni originally granted a 14-day TRO on DeWine’s ban on October 14 that was set to expire Tuesday. The next hearing in the case is scheduled for December 2.

DeWine announced earlier this month a 90-day executive order that bans the sale of intoxicating hemp products that also started on October 14.

Titan Logistic Group, Fumee Smoke and Vape and Invicta Partners—all members of the Ohio Healthy Alternatives Association—quickly filed a lawsuit October 8 against the ban, arguing DeWine is breaking federal and state law by restricting access to these products.

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

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.

Ohio has more than 4,000 small businesses and family-owned businesses that sell hemp products, according to the lawsuit.

The Ohio House passed a bill last week that would add several regulations to intoxicating hemp products.

Under Senate Bill 56, only a licensed hemp dispensary would be able to sell intoxicating hemp products to adults 21 and older. The dispensaries would be required to meet standards for testing, advertising and packaging. A 10 percent tax would be added to intoxicating hemp sales.

The bill heads back to the Senate for concurrence, but many changes were made to the bill over in the House.

At least 32 states have some regulations on intoxicating hemp products.

This story was first published by Ohio Capital Journal.