Governor Dewine’s Hemp Ban Paused by Court

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Three companies have sued Governor Mike Dewine and the Ohio Department of Agriculture in the Franklin County Court of Common Pleas in response to the Governor’s Executive Order effectively banning the sale of “intoxicating hemp” products.

The Executive Order

On October 8, 2025, Governor Dewine signed Executive Order 2025-05D, declaring an adulterated consumer product emergency for consumer products containing intoxicating hemp. Ohio Revised Code § 3715.74 gives Governor Dewine the power to declare such an emergency if there is a reason to believe that a consumer product has been adulterated and that further sale or use of the product to be banned presents a threat to public safety.

The Executive Order identifies and seeks to address the current regulatory gray areas occupied by various THC products. Dewine repeatedly uses the phrase “intoxicating hemp” and “intoxicating hemp products” to encompass products that use chemical compounds similar to (but not identical to) those present in marijuana, yet induce similar effects.

The 2018 Farm Bill allows products made with Delta-9 THC to be classified as hemp rather than marijuana if such products contain a certain minimum amount of Delta-9 THC. In 2019, at the state level, Ohio adopted the same denotative scheme in its enactment of Senate Bill 57. This definition draws a line at 0.3% THC. Anything lower is hemp; anything higher is marijuana, which remains a controlled substance at the federal level.

However, numerous chemical variations elude existing regulatory frameworks and present lawmakers with serious obstacles. The velocity of chemical synthesis and subsequent marketing greatly outpaces the speed of regulation.

Certain portions of the Executive Order suggest frustration with Ohio lawmakers’ lack of regulation. Specifically, the Executive Order lambasts the lack of mandatory testing protocols to ensure the safety of intoxicating hemp products and the general lack of barriers to availability. Of crucial importance to Governor Dewine is the risk such products pose to children and young adults, as some products very clearly resemble popular candy products.

The Lawsuit

On October 8, the same day that Governor Dewine issued the Executive Order, three Ohio-based companies (“Plaintiffs”) filed a 25-page Motion for a Temporary Restraining Order in the Franklin County Court of Common Pleas seeking a preliminary injunction prohibiting the implementation and enforcement of the Executive Order. The docket for Franklin County Case number 25CV008646 is readily available online

In their Motion, the Plaintiffs argue that thousands of people, including retailers, manufactures, distributors, and consumers rely on the production, sale, and use of hemp products and would be harmed by Governor Dewine’s Executive Order. Plaintiffs argue that those employed as retailers, manufacturers, and distributors stand to lose jobs, and consumers stand to lose therapeutic relief.

The Court’s Decision

After a hearing on the Plaintiff’s Motion, on October 14, 2025, Franklin County Court of Common Pleas Judge Carl A. Aveni found in the Plaintiff’s favor. The Court noted that the Executive Order attempts to exercise legislative power, which the Ohio Constitution reserves to the General Assembly. The Court paused the enforcement of the Executive order for fourteen days from the date of the order. In emphasizing its own constitutional role of enforcing the separation of powers, Court urged Ohio lawmakers to exercise their own constitutional authority to use the legislative process to quickly address the scope of hemp regulation.

The case is ongoing; a status conference is scheduled for October 21, 2025.

Summary

In sum, the recent Executive Order and lawsuit in response poses questions involving several areas of law including legislation and the regulatory state as well as the constitutional issue of separation of powers.