Judge issues order pausing DeWine’s intoxicating hemp ban

A Franklin County judge has put a stop to Republican Gov. Mike DeWine’s ban on intoxicating hemp, temporarily pausing an executive order as it was set to take effect.

The 90-day ban was set to take effect on Tuesday, the same day Franklin County Court of Common Pleas Judge Carl Aveni handed down his temporary restraining order, which WLWT-TV reported will last two weeks.

DeWine announced his ban during a news conference last week, saying that the products are unregulated, untested and packaged to mimic candy. He argued that the approach clearly indicates that the products are intended to target children.

Shortly after signing the executive order, members of the Ohio Healthy Alternatives Association, a group that advocates for “health-conscious alternatives instead of pharmaceuticals,” sued over the ban. In their complaint, Titan Logistics Group, Fumee Smoke & Vape, and Invicta Nutraceuticals said the order is a “clear usurpation” of state lawmakers’ power.

During the briefing, DeWine said that Ohio voters approved how they want cannabis sold and where it can be sold in the state when they approved Issue 2, which legalized adult-use cannabis. The governor said that the marketing and retail practices surrounding intoxicating hemp in the Buckeye State conflict with voters’ intent.

“Issue 2 limited the sale of cannabis to dispensaries,” DeWine said in a statement, WLWT-TV reported. “The sale of cannabis as intoxicating hemp in these other venues was never contemplated by the legislature nor approved by Ohio voters.

“Ohio voters approved a highly regulated market; they did not approve sales in these other venues,” the governor added, per the station’s report. “Ohio voters also mandated that products not target children and be tested for safety. While we continue to fight in court, today’s developments underscore our continued desire to work with the General Assembly to pass permanent legislation regarding intoxicating hemp.”

The executive order wasn’t exactly met with enthusiasm from Republicans, some of whom said that they were caught off guard by the action.

In April, the state Senate passed Senate Bill 86, which would ban the sale of intoxicating hemp products to anyone under 21. It would also levy a 10% tax on such products.

Attorney Jonathan Secrest told WSYX-TV that the executive order conflicts with previous legislative action and that the governor did not have the authority to take such action.

“Years ago, it was decided the sale of all hemp was legal in Ohio,” Secrest told he station. “Our [legislature] declared this was legal to sell in Ohio. All products affected by this emergency order involve compounds naturally derived from hemp. What the emergency rule does is create this definition of intoxicating hemp, that the legislature enacted. That is a conflict.”