COLUMBUS, OH—Ohio retailers can temporarily continue selling intoxicating hemp products, such as those containing Delta-8 THC, after a Franklin County judge on Tuesday issued a Temporary Restraining Order (TRO) against Governor Mike DeWine’s executive order that sought to ban the items. The ruling comes on the day the Governor’s ban was scheduled to take effect.
Franklin County Court of Common Pleas Judge Carl Aveni granted the 14-day restraining order, siding with a lawsuit filed by three Ohio-based hemp businesses and members of the Ohio Healthy Alternatives Association. The plaintiffs argue that Governor DeWine overstepped his authority by attempting to unilaterally regulate the products, a power that should rest with the state legislature. The judge reportedly expressed concern that the Governor’s order was “adding new definitions that don’t exist” under current state law.
Background on the Ban
Last week, Governor DeWine signed an executive order declaring a “Consumer Product Emergency” over the sale of intoxicating hemp products. The order sought to ban the sale of all such items, including edibles and vapes containing hemp-derived psychoactive cannabinoids like Delta-8-THC, for 90 days.
The Governor cited a surge in accidental poisonings among minors, often involving products marketed with packaging similar to popular candies. He noted that the unregulated intoxicating hemp market lacked the testing and age restrictions present in Ohio’s highly regulated recreational marijuana industry, which was approved by voters in 2023. DeWine’s order directed retailers to remove the products from shelves by October 14, 2025, or face daily fines.
Industry Pushback and Next Steps
The hemp industry and involved businesses quickly filed suit, arguing the ban would cause significant economic hardship, leading to business closures and job losses. They contend that the products they sell are authorized under existing state law, which defines hemp based on a low percentage of Delta-9 THC.
The temporary restraining order means sales of these products can continue as the court further considers the matter. A hearing for a Preliminary Injunction—which could block the ban for a longer period—is currently scheduled for October 28.
In a statement following the ruling, the Governor’s office expressed continued commitment to passing permanent legislation to regulate intoxicating hemp, stating that the products are a risk to consumers and underscoring that the legal market approved by voters did not contemplate sales of cannabis in unregulated venues.
The ongoing legal and legislative battle highlights the complex challenges Ohio faces in regulating the “intoxicating hemp” market—a gray area created by the 2018 Federal Farm Bill and subsequent state legislation.
DeWine sued for removing intoxicating hemp products from Ohio stores is a news report covering the lawsuit filed against the Governor’s ban, which is relevant to the judge’s decision to press pause on the order.