Ohio Hemp Ban Stalled as Judge Extends Restraining Order Against Gov. DeWine's Executive Order

According to Franklin County Court of Common Pleas Judge Carl Aveni, the temporary restraining order regarding Ohio Governor Mike DeWine’s executive order (1) which banned intoxicating hemp product sales, has been extended (2). The restraining order will be in effect until December 2, 2025.

Previously, the Franklin County Court of Common Pleas Judge had issued a 14-day Temporary Restraining Order (TRO) for the ban. On October 8, 2025, Governor Mike DeWine issued in a press release (1), his executive order that declared a ban on the sale of intoxicating hemp products.

“Intoxicating 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,” said Governor DeWine in the press release (1). “When 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.”

The US Hemp Roundtable organization expressed in a recent press release (3), “We’re pleased to share that Judge Carl Aveni has granted a Temporary Restraining Order (TRO) blocking Governor Mike DeWine’s executive order banning the sale of “intoxicating hemp” products in Ohio. This means the Governor’s order we reported on last week is not in effect while the case proceeds. The TRO will remain in place for 14 days and may be extended by the Court or by agreement of the parties.”

“We’re very pleased with the judge’s decision today, and we look forward to working with the Ohio legislature as a united hemp industry to develop a strong and robust regulatory structure that will keep adult products out of the hands of children while protecting farmers, small businesses, and adult consumers who rely on hemp for their health and wellness,” said Jonathan Miller, US Hemp Roundtable General Counsel (3).

On October 8, 2025, members of the Ohio Healthy Alternatives Association which included Titan Logistic Group, Fumee Smoke and Vape, and Invicta Partners, filed a lawsuit that was not in support of the ban, expressing that “DeWine is breaking federal and state law by restricting accesss to these products,” (2).

Ohio Capitol Journal reports that (2), “Intoxicating hemp products are items that contain THC that are sold anywhere other than licensed marijuana dispensaries including gas stations, smoke shops, and CBD stores, among others. The 2018 Farm Bill says hemp can be grown legally if it contains less than 0.3% THC.”

More than 4,000 small businesses sell hemp products. Recreational cannabis was legalized in the Buckeye State in 2023 (2).

Changes Made to Ohio Senate Bill 56

Ohio House lawmakers recently announced that they are in support of a substitute version of Senate Bill 56, which will make adjustments to the Buckeye State’s adult-use cannabis legalization legislation that was approved by voters (4). The bill, spearheaded by Republicans, redresses the state’s current law. NORML reports that the new bill “stipulates that consumers cannot legally possess cannabis products sourced from out of state, including products legally purchased at licensed dispensaries in neighboring jurisdictions. No other legalization state imposes such restrictions,” (4). Additionally, the piece of legislation will repeal provisions that involve scaling back the protections of adult-use consumers from experiencing workplace professional disciplinary action, along with any other types of discrimination that could be experienced from utilizing cannabis for recreational purposes.

“It restricts consumers who home-cultivate cannabis from harvesting more than 2.5 ounces of total flower, and it imposes felony penalties for those who grow more than six plants at one time. It imposes new arbitrary limits on the percentages of THC permitted in adult-use and medical cannabis products and it caps the total number of retail licenses permitted statewide,” NORML reported (4). “Other provisions in the legislation create an expedited pathway for those seeking to expunge past marijuana-related convictions, regulate the sale of certain hemp-derived products, and redirect a portion of tax revenues from marijuana sales to individual municipalities that license cannabis retailers.”

References

1. Governor DeWine Declares Consumer Product Emergency for Intoxicating Hemp https://governor.ohio.gov/media/news-and-media/governor-dewine-declares-consumer-product-emergency-for-intoxicating-hemp (accessed Oct 29, 2025).
2. Henry, M. Court extends temporary pause on Ohio gov. Mike DeWine’s ban on intoxicating hemp products • Ohio Capital Journal https://ohiocapitaljournal.com/briefs/court-extends-temporary-pause-on-ohio-gov-mike-dewines-ban-on-intoxicating-hemp-products/ (accessed Oct 29, 2025).
3. Court temporarily blocks Ohio governor’s hemp ban https://hempsupporter.com/news/court-temporarily-blocks-ohio-governors-hemp-ban/ (accessed Oct 29, 2025).
4. Colli, M. Ohio House lawmakers push major changes to voter-approved SB 56 cannabis law https://www.cannabissciencetech.com/view/ohio-house-lawmakers-push-major-changes-to-voter-approved-sb-56-cannabis-law (accessed Oct 29, 2025).