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20 October 2025

Judge Issues 14-Day Temporary Restraining Order On Ban Of Intoxicating Hemp Products

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On October 8, Ohio Governor Mike DeWine issued an executive order which banned the sale of "intoxicating hemp" products. The order was set to take effect on Tuesday...
United States Ohio Cannabis & Hemp
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On October 8, Ohio Governor Mike DeWine issued an executive order which banned the sale of "intoxicating hemp" products. The order was set to take effect on Tuesday, October 14. In a press release, Governor DeWine indicated "[i]ntoxicating hemp products are known to have significant impacts on young, developing brains, yet these products are legally marketed to kids, sold to kids, and ingested by kids in Ohio." Further, Governor Devine noted that "[w]hen voters chose to legalize marijuana, they voted for a highly regulated market that only allows sales at licensed dispensaries to those 21 and older. Intoxicating hemp completely bypasses these laws, and we must do more to keep these products away from kids."

Ohio Healthy Alternatives Association Executive Director Michael Tindall responded and stated, "[g]overnor DeWine's executive order banning hemp is an attack on Ohio's consumers who will lose access to safe and legal products, and a gut punch to Ohio farmers and small businesses who have invested tens of millions building legitimate businesses in good faith under existing laws." Tindall also noted Ohio has more than 2,000 smoke and hemp shops, and more than 4,000 retailers throughout Ohio that sell hemp products, which would be impacted by the order.

The ban on intoxicating hemp products was enacted to address public health risks, particularly for children, due to unregulated delta-8 and delta-9 THC exposure. Per the order, retailers must remove intoxicating hemp products during the 90-day ban or face fines, with the Ohio Department of Agriculture redefining legal hemp to exclude these products.

On October 10, the Ohio Department of Agriculture (DOA) issued emergency regulations to implement the Governor's order, which were set to take effect on October 14, 2025. The regulations make clear that DeWine is targeting products that have more than 0.5 mg THC per serving and 2 mg per container.

Likewise, in a recent guidance document, DOA further clarified the Ohio definition of "intoxicating hemp":

  • A hemp product containing more than 0.5mg per serving or totaling more than 2mg of any type of THC (including Delta-8, Delta-9, and THCA) and/or any other THC per package is classified as intoxicating hemp.
  • Intoxicating hemp products include, but are not limited to, food (human and animal), drinks, candy, gummies, cookies, tinctures and dietary supplements, with more than 0.5mg per serving or totaling more than 2mg per package of any type of THC.
  • Intoxicating hemp products do not include products regulated under medical or recreational marijuana (Chapter 3780 or 3796 of the Revised Code). These products are different because they are inspected and only sold to adults, with child-safe packaging that doesn't appeal to children.
  • Products containing THC not derived from hemp are already illegal to sell outside of a dispensary.
  • NOTE: other non-THC cannabinoids are NOT included in this Order (CBD, CBG, CBC, etc.).

In response to the Executive Order and the new DOA regulations, three impacted Ohio businesses, the Ohio Healthy Alternatives Association, the Midwest Hemp Council and the US Hemp Roundtable filed a complaint in the Court of Common Pleas in Franklin County, Ohio and requested injunctive relief in the form of a temporary restraining order (TRO).

On October 14, Franklin County Court of Common Pleas Judge Carl A. Aveni granted the TRO, which makes that executive order unenforceable for 14 more days, permitting the continued sale of "intoxicating hemp products."

In the TRO signed by Judge Aveni, the court found:

  • Plaintiffs have shown a likelihood of success on the merits. Executive Order No. 2025-05D attempts to exercise legislative power reserved by the Ohio Constitution to the General Assembly, thereby violating the separation of powers. In addition, the Executive Order facially attempts to supersede the statutory framework already enacted by the General Assembly, which specifically defines and permits the sale and regulation of hemp and hemp products pursuant to R.C. 928.01(C) and (F).
  • Without temporary injunctive relief, the Court finds Plaintiffs will face immediate and irreparable harm through substantial disruptions to their business operations.
  • To the extent any harm to third parties may result, such harm is outweighed by the Court's countervailing interest in preserving our constitutional system of government. Enjoining executive action in this context serves to uphold the separation of powers and ensures that changes to the legal status of hemp products occur through lawful legislative means.
  • The public interest favors upholding the Legislature's constitutional authority and preventing unilateral executive action contrary to statute and the Ohio Constitution.

Judge Aveni set a preliminary injunction hearing for 9 a.m. on October 28, when the court will further consider the merits of the plaintiffs' arguments against the governor and ODA.

We will continue to monitor the situation in Ohio and provide you with relevant updates as they become available. Likewise, we will advise regarding the outcome of the hearing on October 28.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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