Ohio Governor Mike DeWine’s emergency executive order to ban the sale of intoxicating hemp products hit a snag last week and it remains to be seen if it will be fully implemented.
The executive order was meant to kick in on October 14, requiring retailers to remove intoxicating hemp products from sale. The ban was intended to last for 90 days to provide some breathing space while the state’s General Assembly works on related legislation.
The pushback was immediate, with a group of hemp businesses taking the issue to court; arguing the Governor’s office was acting beyond its authority. On October 14, a Franklin County judge took the side of the plaintiffs, issuing a 14-day Temporary Restraining Order (TRO) that has hit pause on the ban.
“The separation of powers is not a matter of convenience,” Franklin County Common Pleas Judge Carl Aveni said when issuing his ruling. “The court urges the General Assembly to exercise its own, separate constitutional authority … and to do so without delay.”
Another hearing scheduled for October 28 will determine if the ban can proceed or not.
Commenting on X about the decision, Governor DeWine said Ohio voters supported the limited the sale of cannabis to dispensaries and that the sale of intoxicating hemp in other venues such as it has been available to this point was never contemplated by the legislature, nor approved by Ohio voters.
“Ohio voters approved a highly regulated market; they did not approve sales in these other venues. Ohio voters also mandated that products not target children and be tested for safety, he said. “While we continue to fight in court, today’s developments underscore our continued desire to work with the General Assembly to pass permanent legislation regarding intoxicating hemp.”
Governor Mike DeWine first urged the Ohio General Assembly to get moving on regulating intoxicating hemp early last year. His primary concerns are around such products being available to children, and those in packaging emulating popular snack brands that would be attractive to kids; and it seems there are plenty of those in his state.
While Ohio has a medical cannabis and recreational marijuana program, neither sets of regulations cover hemp-derived THC, which can be created by manipulating the non-toxic cannabinoid, CBD (cannabidiol).
