A Franklin County judge has temporarily stopped Governor Mike DeWine’s effort to ban intoxicating hemp products in Ohio, granting a two-week restraining order as a lawsuit moves forward.
Under DeWine’s order, which was set to take effect Tuesday, retailers would have been required to pull intoxicating hemp products from shelves or face fines. The civil suit challenging the order was filed by Fumee Smoke and Vape, Invicta Nutraceuticals, and Titan Logistics Group, who argue the ban is unlawful and not supported by evidence that the products pose a public health risk.
The temporary restraining order will remain in place for 14 days, with a preliminary hearing scheduled for October 28. DeWine has emphasized that the ban does not apply to non-intoxicating hemp products or marijuana sold through licensed dispensaries, but instead targets synthetic and intoxicating hemp products he described as “simply dangerous.”
In a statement responding to the ruling, DeWine referenced the passage of Issue 2, which legalized marijuana sales through licensed dispensaries. He said Ohio voters approved a regulated system, not “sales in these other venues,” and stressed the need for permanent legislation to address intoxicating hemp products.
Some Ohio businesses have welcomed the ruling. Peter LaFontaine, owner of Fountain Cannabis Company, said many of his customers rely on local delivery and did not want to be forced to seek products elsewhere. Ryan Horan, COO of Estazzi Beverages, noted that retailers in neighboring Kentucky may benefit if restrictions go into effect, but for now, Ohio companies will continue operating while the case plays out in court.
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