Ohio Governor Bans Intoxicating Hemp Products for 90 Days
Summarize
Ohio Governor Mike DeWine issued an Executive Order (EO) on October 9, 2025, that effectively bans the sale of products containing THC except at licensed marijuana dispensaries. The ban on intoxicating hemp products ends on January 12, 2026, leaving it to Ohio lawmakers to decide whether to take further action. Sellers are required to remove hemp products from their shelves immediately or face a $ 500-per-day fine.
The end goal of the EO is to stop the sale of intoxicating products to children. The 2018 Farm Bill intended to limit THC in hemp to 0.3% on a dry-weight basis. This amount is not intoxicating. The Farm Bill established the legal threshold for delta-9 THC but did not define THC. As a result, some producers are selling products with synthetic compounds like delta-8 THC that are intoxicating.
Ohio does not have regulations concerning intoxicating hemp products. The products with delta-8 THC are being sold in convenience stores and other easily accessible locations. The packaging is designed to look like candy packaging, so it appeals to children. There are no Ohio laws addressing intoxicating hemp products, including product testing, labeling, where they can be sold, and who can buy them.
The result, according to the Ohio Poison Control Center, is a sharp increase in the number of accidental poisoning cases among children. The intoxicating hemp products sold to children may contain high amounts of THC. Some examples the Governor mentioned were gummy bears containing 100 mg of THC per serving. Governor DeWine said,
“For context, many adult-produced products will contain 10 milligrams of THC per serving. Certainly, it’s easy to see how a child will confuse this product with real candy and eat a few gummy bears and ingest enough THC to require hospitalization.”
While the Ohio Cannabis Coalition supports the Executive Order, the hemp industry objects due to the potential consequences. Ohio Healthy Alternatives Association Executive Director Michael Tindall expressed his concern, stating that the order “is an attack on Ohio’s consumers who will lose access to safe and legal products, and a gut punch to Ohio farmers and small businesses who have invested tens of millions building legitimate businesses in good faith under existing laws.” The organization has filed a lawsuit, alleging that the Governor lacks the authority to ban a legal product and highlighting the potential economic fallout.
The U.S. Hemp Roundtable also opposes the EO and urges Ohio state legislators to pursue regulation. This is the exact sentiment of the American Republic Policy organization. Some bills have been introduced in the Ohio Senate and House, but they have yet to be debated.
On October 15, 2025, Franklin County Court of Common Pleas Judge Carl Aveni granted a 14-day temporary restraining order on Gov. Mike DeWine’s EO. This is the court where the Ohio Healthy Alternatives Association filed the lawsuit, and the next hearing is scheduled for October 28, 2025, underscoring the ongoing legal battle.
The reality is that while the Ohio State legislature may act, it does not mean the hemp industry will like the new laws. The politicians should keep in mind that people and their families have built businesses based on Federal law. Ohio has over 4,000 small and family-owned businesses selling hemp products. Suddenly requiring them to remove products will force many out of business. While Governor DeWine’s intentions are commendable, the hemp industry believes it is up to the state legislature to pass appropriate legislation following extensive debate and input from the industry and consumers.
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