COLUMBUS, Ohio — A Franklin County judge on Tuesday issued a temporary restraining order blocking Governor Mike DeWine’s public health emergency ban on intoxicating hemp products, at least for the next 14 days. https://www.13abc.com+3WSYX+3The Statehouse News Bureau+3
Judge Carl Aveni determined the governor was introducing new definitions of “intoxicating hemp” that do not exist in Ohio law. The Statehouse News Bureau+1 The restraining order takes effect immediately and halts enforcement of the executive order until further hearing. WSYX+2The Statehouse News Bureau+2
What the Executive Order Proposed
DeWine’s October 8 order declared an Adulterated Consumer Product Emergency, directing all Ohio retailers to stop selling intoxicating hemp products by October 14 and authorizing state agencies to seize noncompliant inventory. Dayton Daily News+2WSYX+2 The order targeted hemp-derived items containing compounds such as delta-8-THC, THC-A, and similar psychoactive cannabinoids. Dayton Daily News+2WSYX+2
Retailers who failed to comply could have faced fines of $500 per day. Dayton Daily News+1 The order was to remain in effect for up to 90 days, unless renewed, and did not apply to non-intoxicating hemp or regulated cannabis sold through licensed dispensaries. Dayton Daily News+2WSYX+2
DeWine also directed the Ohio Department of Agriculture (ODA) to create temporary rules redefining hemp to exclude intoxicating products. These rules would last for 120 days while permanent regulations were developed. Dayton Daily News+1
Legal Challenge & Judge’s Ruling
Several Ohio hemp businesses — including Fumee Smoke and Vape, Invicta Nutraceuticals, and Titan Logistics Group — filed suit, asserting that DeWine’s order unlawfully revoked hemp licenses and conflicted with state law classifying hemp as an agricultural product. WSYX+2Dayton Daily News+2
In his ruling, Judge Aveni said the governor’s attempt to redefine “intoxicating hemp” conflicted with the existing legal framework and threatened the separation of powers by encroaching on legislative authority. The Statehouse News Bureau+1 He urged the Ohio General Assembly to take swift action and legislate comprehensive hemp regulations. The Statehouse News Bureau+2Dayton Daily News+2
A preliminary injunction hearing is scheduled for October 28. https://www.13abc.com+2WSYX+2
Responses & Next Steps
Gov. DeWine, in a statement, defended his order as necessary to protect children and public health, saying “intoxicating hemp products are simply dangerous.” Dayton Daily News+2WSYX+2 He also stressed that Ohio voters approved a regulated cannabis market through Issue 2, and that other venues for THC-like sales were never envisioned by lawmakers. WSYX+2Dayton Daily News+2
Meanwhile, the plaintiffs contend that the governor overstepped his authority and that these products do not pose a public safety emergency warranting such extreme action. WSYX+1
With the ban temporarily on hold, retailers can continue selling products classified under the order — at least until further court action. The case is now headed to next month’s hearing, where the court will consider whether to extend the block.
