Legal Pushback and Court Intervention

As the ban’s effective date approached, several hemp-product businesses filed a lawsuit challenging the executive order, including a manufacturer, distributor, and a retailer. They argued DeWine had overstepped his executive authority, that there was insufficient evidence showing the banned products presented an acute health threat, and that the order conflicted with established state law defining hemp under Ohio code.

On October 14, 2025, a Franklin County judge, Carl Aveni, granted a temporary restraining order that puts the ban on hold for 14 days while the legal challenge proceeds.

Key points from the court ruling and surrounding reporting:

• Judge Aveni expressed concern that the governor’s executive order introduced new definitions of “intoxicating hemp” that are not currently codified in statute.
  
  
• The court evidently judged that the plaintiffs had a viable argument that DeWine’s order exceeded his authority and encroached on legislative territory.
  
  
• The injunction temporarily prevents enforcement of the ban until at least October 28, 2025, when a preliminary hearing is scheduled.
  
  
• In his public statements, DeWine framed the banned products as a risk particularly to minors, citing rises in Delta-8 exposure and hospitalizations among youth.
  
  
• Proponents of the injunction emphasized the harm to businesses if the ban were enforced immediately, given the magnitude of their inventory and sales operations.
  
  

What This Means Moving Forward

For now, the ban is paused, and intoxicating hemp products remain legally sellable in Ohio, pending further court rulings.

The October 28 hearing will be pivotal. If the court declines to grant a longer injunction or eventually upholds the ban, enforcement could resume. Otherwise, the state may be forced to amend or drop the order.

Meanwhile, the hemp industry in Ohio retains the status quo for the moment, but it now operates under uncertainty until a court resolution or legislative policy emerges.

The Initial Ban Announcement

On October 8, 2025, Ohio Governor Mike DeWine issued an emergency executive order enacting a 120-day ban on the sale of intoxicating hemp products. The ban, set to take effect October 14, would pause sales of items like THC-infused gummies, vapes, drinks, tinctures, and other consumables with intoxicating hemp.

The administration justified the move by citing public health and safety concerns, especially around unregulated intoxicating hemp products that had proliferated in a regulatory gray zone. The order was intended as a temporary pause while state regulators and lawmakers worked to develop a clearer regulatory framework. In particular, legislative momentum existed around Senate Bill 86 (SB86) to govern hemp product sales, distribution, taxation, and safety requirements.

Under the governor’s plan:

• Retailers and distributors of intoxicating hemp products would have to halt sales immediately when the ban took effect.
  
  
• The prohibition would last 120 days (through February 2026), unless lifted earlier.
  
  
• During the ban, the state would use the pause to allow for legislative action to define and regulate these products.
  
  
• Non-intoxicating hemp and legal marijuana sold through licensed dispensaries would remain unaffected.
  
  

The outcome of this legal challenge will play a major role in shaping the future of Ohio’s hemp industry. Governor DeWine’s attempted ban highlights growing concerns over unregulated intoxicating hemp products, while the court’s intervention underscores the importance of clear legislative action. As the case moves forward, businesses and consumers remain in limbo, awaiting a final decision. The coming weeks will determine whether Ohio enforces tighter restrictions or establishes a regulated framework for these products.

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