Ohio Governor’s Executive Hemp Ban Blocked by Court
On October 8, 2025, Ohio Governor Mike DeWine signed an executive order that declares an “Adulterated Consumer Product Emergency” and imposes a 90-day emergency ban on the sale of so-called “intoxicating hemp” products throughout the state. The order was set to go into effect on October 14, but is currently subject to a temporary restraining order due to a lawsuit filed by industry plaintiffs. Below we discuss the impact of the Order if it were to go into effect, and the status of legal challenges.
Executive Order Applies to all Hemp Products
As emergency orders tend to do, Governor DeWine’s Executive Order conflates the market of untested, candy lookalike products that find their way into the hands of minors and the market of adult-oriented products such as hemp beverages.
The Order asserts that intoxicating hemp products are “marketed in stores across Ohio as candy, gummy gandy, cookies, and other products that are attractive to children” and these products have led to an increase in calls to Ohio Poison Control and ER visits due to minors ingesting these products. Further, given the Ohio legislature’s failure to pass regulations to govern the sale of hemp products, there are no testing, age-verification, or retail licensing requirements in place for these products.
All of this is true, but Governor DeWine’s order applies to all “intoxicating hemp” products. “Intoxicating hemp” is defined as a product that contains more than .5 mg of THC per serving or more than 2mg of THC per package. This includes almost all hemp products, including hemp beverages that are marketed and sold to adults looking for an alternative to alcohol.
Thus the Order and the Department of Agriculture’s accompanying emergency regulations ban the sale of these products and require retailers to remove these products from shelves for at least the time the Order remails in effect. Retailers would be required to segregate these products from other merchandise and “dispossess them” by either returning them to the supplier or holding them for destruction by state regulators.
Legal Challenges May Prove Successful
Almost immediately after the executive order was announced, three Ohio businesses filed suit against the governor and the Ohio Department of Agriculture, alleging the order exceeds executive authority and violates separation of powers. The plaintiffs claim that under existing state law, hemp products meeting the federal standard of containing less than 0.3% delta-9 THC cannot be deemed “adulterated” and that the governor lacks authority to redefine hemp via emergency rulemaking.
At least for now, one Ohio judge agrees. Judge Carl Aveni in the Franklin County Court of Common Please granted the plaintiffs a temporary restraining order, blocking enforcement of the Executive Order, until a hearing can be held on October 28. Judge Aveni wrote that “Executive Order No. 2025-05D attempts to exercise legislative power reserved by the Ohio Constitution to the General Assembly, thereby violating the separation of powers.” The court also found that any current threat to public harm was “outweighed by the Court’s countervailing interest in preserving our constitutional system of government.” The court urged the legislature to take up the matter without delay.
It remains to be seen whether the court will continue to block the executive order after the full hearing on the preliminary injunction. If it does, and the legislature takes up the issue, industry activists may be successful in convincing lawmakers to create a system that maintain adults’ access to safe and tested products, while banning the candy-mimicking products the Governor is concerned about.
The Regulated Industries Group at Holon Law Partners is monitoring the situation closely and remain ready to advise businesses, manufacturers, and retailers on how to navigate compliance, commercial relationships, and policy advocacy. Please reach out if you would like to better understand how your business is affected.
Photo by Elsa Olofsson
