Judge Carl Aveni rescheduled the next hearing in the case for December 2, granting a reprieve to retailers and manufacturers who had challenged the governor’s executive order, which sought to prohibit the sale of these products for 90 days. The judge’s ruling, which initially blocked the ban two weeks ago, continues to hold that the executive branch may have overstepped its authority by attempting to redefine hemp, a product currently regulated under existing statutory law.
The legal clash comes as the Ohio General Assembly works to establish a permanent regulatory framework for the products. Just days before the judge’s extension, the Ohio House of Representatives advanced a revised version of Senate Bill 56 that would create a licensing structure for “intoxicating hemp” retailers and impose age restrictions, testing, and labeling requirements similar to those for adult-use cannabis.
Governor DeWine issued his executive order in early October, citing a “Consumer Product Emergency” and concerns over the products’ unregulated nature and easy access by minors. The order was challenged by a coalition of hemp businesses, who argued the ban was an unlawful act of executive overreach that would devastate a legal industry.
The current legal limbo leaves stores, including vape shops, gas stations, and specialty retailers, free to continue selling the popular, hemp-derived consumables. However, the future of the industry remains uncertain, with the final decision resting on either the outcome of the December court hearing or the passage of a comprehensive bill by the General Assembly. Senate Bill 56 now heads back to the Ohio Senate, where legislative leaders have signaled that additional changes are likely before a final compromise is reached.