Adult use marijuana has been legally sold in Ohio for over a year, but recently it’s intoxicating hemp that is stealing the headlines. Governor Mike DeWine issued an executive order declaring an Adulterated Consumer Product Emergency for consumable items containing “intoxicating hemp.” The order required Ohio retailers to cease selling these products in Ohio by October 14, 2025. However, the executive order was quickly challenged and a lawsuit was filed to block enforcement.

There’s now a hearing before the House Judiciary Committee on October 21, 2025, on SB 56 for a possible vote to address changes to marijuana and intoxicating hemp.

How Did We Get Here?

Marijuana and hemp come from the same plant, so what’s the difference, and why did the governor issue the executive order?

Early American history saw widespread hemp cultivation by the Founding Fathers. Known as industrial hemp, it was used to make paper, rope, textiles, biofuel, plastics, and more. The first United States flag and Levi’s jeans were made from hemp, and it became a significant cash crop, so much so that hemp farmers even appeared on the back of the $10 bill.

Fast forward, the 2018 Farm Bill sought to revive industrial hemp as a more viable cash crop and defined  hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” However, the legal definition of hemp unintentionally allowed for the rise of certain hemp products with intoxicating qualities through the presence of other psychoactive compounds that are naturally present in the plant, such as “Delta-8 THC” and “Delta-10 THC,” undermining the original intent of the law. These products can be just as potent if not more so, than medical and adult use marijuana sold in licensed and regulated dispensaries. However, these products are being sold in gas stations, smoke shops, carry outs, convenient stores, and just about anywhere can sell them without any state regulation. This led to the rise of the intoxicating hemp products that the governor takes aim at in his executive order and what the Ohio Legislature is trying to address.

The difference between intoxicating hemp and marijuana primarily lies with respect to the legal definitions. The federal definition of hemp has created a legal gray area that allows for these intoxicating hemp products to exist with little to no state regulation.

Regulating Cannabis in Ohio

Medical and adult use cannabis operators in Ohio are heavily regulated and require licensure, oversight, and enforcement by the Ohio Division of Cannabis Control (Division). This includes strict adherence to state laws on product and consumer safety, testing, prescriptive packaging, and labeling requirements to ensure products are sold in child resistant packaging and not marketed to children.

The hemp market is not similarly regulated and there are no state standards for enforcement by state officials. At this time, there are no laws or rules in Ohio that address the retail sale of intoxicating hemp products. Ohio does not impose any minimum age requirements, testing requirements, labeling requirements, advertising restrictions, or child-resistant packaging. There are no state imposed penalties against retailers who sell products designed to be advertised and sold to minors.

What’s Next to Regulate Intoxicating Hemp?

The Ohio General Assembly has proposed legislation to address this issue and has held a series of public meetings, but nothing has made it to the governor’s desk to sign. The governor took matters into his own hands by issuing an executive order to address intoxicating hemp sales in Ohio and to perhaps spur the legislature to reach agreement on a regulatory framework for intoxicating hemp products.

On October 8, 2025, Governor DeWine signed an executive order declaring a public product safety emergency in Ohio regarding consumable items containing intoxicating hemp. The order requires Ohio retailers to cease the sale of all intoxicating hemp products by Tuesday, October 14. Once in effect, the order authorizes local and state authorities, including the Department of Agriculture and local law enforcement, to enforce the ban against retailers who continue to sell intoxicating hemp products after that date. This product safety emergency is allowed under Ohio law to be in effect for up to 90 days unless extended by the legislature.

Additionally, the executive order directed the Department of Agriculture to revise the administrative rules that define “hemp” and “hemp product” and to exclude intoxicating hemp from what is considered legal hemp. The executive order further suspends the statutory rulemaking process to allow for the revised definitions to become effective immediately for 120 days, allowing for the regular rulemaking process to proceed concurrently.

The executive order does not apply to non-intoxicating hemp products (that is, hemp products containing less than 0.3% total THC).

On October 9, 2025, the Ohio Department of Agriculture released its revised definition of hemp and hemp products, and provides a definition of intoxicating hemp:

“Intoxicating hemp” means a product that would be a hemp or a hemp product except it contains more than five-tenths of a milligram of tetrahydrocannabinol per serving or more than two milligrams of tetrahydrocannabinol per package. “Intoxicating hemp” does not include products regulated under Chapter 3780 or 3796 of the Revised Code.

The executive order was quickly challenged and a lawsuit was filed to block enforcement. The lawsuit contends the executive order violates the separation of powers and will cause employee terminations and business closures by rendering these intoxicating products for sale under federal law illegal. On October 14, 2025, the day the ban was set to take effect, a Franklin County Common Pleas Court Judge granted a temporary restraining order blocking enforcement of the executive order. The matter is set for preliminary injunction hearing on October 28, 2025.

On the legislative front, Senate Bill 56, that passed out of the Senate and addresses changes to the marijuana laws and intoxicating hemp, has just been set for hearing before the House Judiciary Committee on October 21, 2025, for the introduction of a substitute bill and a possible vote. So, we may see a resolution on this matter before year end.

We are monitoring this matter closely and will keep you updated as we learn more.

Please reach out if you have any questions or wish to discuss this in more detail.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.