Ohio Hemp Firms Sue DeWine Over Sudden Product Ban

Three Ohio businesses tied to the hemp industry hit Governor Mike DeWine with a lawsuit, challenging his bold move to slap a 90-day ban on intoxicating hemp products. This legal fight erupted just days after DeWine’s executive order declared a state of emergency, aiming to shield kids from easy access to these items. But is this a fair crackdown or an overreach that crushes local jobs? Dive in to see the full clash.

Lawsuit Targets Governor’s Emergency Order

In a swift courtroom pushback, three companies filed suit against Ohio Governor Mike DeWine on October 8, 2025, in Franklin County Court of Common Pleas. The plaintiffs, which include a smoke shop, a nutraceutical maker, and a logistics firm, argue the order oversteps his power and hurts their operations.

The executive order, signed earlier this week, directs the Ohio Department of Agriculture to redefine hemp products, banning those with intoxicating effects outside the state’s regulated cannabis system. This means items like delta-8 THC edibles and drinks could vanish from shelves starting October 14.

The suit also names the Ohio Department of Agriculture as a defendant, claiming the ban ignores existing laws and could shutter businesses overnight. Owners say they’ve built their livelihoods on these products, now facing fines up to $500 a day for violations.

One key gripe? The order labels intoxicating hemp as any product with over 0.5 milligrams of THC per serving or 2 milligrams per package. That’s a tight limit, critics argue, especially since delta-8 THC comes from hemp and skirts federal marijuana rules.

Why DeWine Pulled the Trigger Now

Governor DeWine has long warned about intoxicating hemp products, calling them a loophole that lets kids buy candy-like edibles without age checks. He points to packaging that mimics popular treats, making them appealing to young people.

Back in 2023, Ohio voters approved recreational marijuana, but DeWine says unregulated hemp items undercut that system. His order aims to funnel all intoxicating sales through licensed dispensaries, where rules are stricter.

Business owners, though, see it differently. They claim the ban came without warning, even though the 2018 federal Farm Bill legalized hemp with low THC. Recent data from the U.S. Hemp Roundtable shows the industry supports over 100,000 jobs nationwide, with Ohio’s slice worth millions in revenue.

This isn’t DeWine’s first rodeo on hemp. In January 2024, he tweeted about the risks to children, urging lawmakers to close gaps. But with the legislature dragging its feet, he went executive.

The emergency declaration lasts 90 days, giving time for permanent rules. During this, stores must pull products or face seizures and penalties.

Business Impact and Legal Arguments

The lawsuit paints a grim picture for small businesses. Plaintiffs say the ban could force layoffs and closures, hitting Ohio’s economy hard. One company estimates losing 70% of sales from these products alone.

Legal experts note the suit questions if DeWine can redefine hemp via executive order. Ohio’s constitution allows emergency actions for public safety, but challengers argue this doesn’t qualify as a true crisis.

Here’s a quick breakdown of the draft regulations:

• THC Limits: No more than 0.5 mg per serving or 2 mg per package.
• Product Scope: Covers edibles, beverages, and vapes with synthetic or natural THC equivalents.
• Enforcement: Starts October 14, with daily fines for non-compliance.
• Exceptions: Only state-licensed cannabis programs can sell intoxicating items.

In court filings, the businesses seek an injunction to block the order, claiming it violates due process and free commerce. They reference a 2024 study by the Ohio Hemp Association, which found no spike in youth use tied to these products, countering DeWine’s safety claims.

This fight echoes broader debates. Nationwide, states like Texas and Florida have cracked down on delta-8, but lawsuits often delay or soften bans.

A single owner shared in interviews that these products help adults manage pain without opioids, a nod to Ohio’s past battles with addiction.

Broader Effects on Ohio’s Hemp Market

Beyond the courtroom, this ban ripples through Ohio’s retail scene. Gas stations, vape shops, and health stores stock these items, drawing customers who avoid pricier dispensaries.

Industry groups like the Ohio Hemp and Associated Businesses Association back the suit, saying it protects innovation. They highlight how hemp-derived goods boomed post-2018, with U.S. sales hitting $28 billion in 2024, per Brightfield Group research from earlier this year.

For consumers, the shift means hunting for alternatives in regulated spots, potentially raising prices. Advocates worry it limits access to natural remedies, while supporters applaud the child protection angle.

One overlooked angle: farmers. Ohio’s hemp growers, numbering over 500 as of 2023 per state agriculture reports, could see demand drop if processors can’t make intoxicating products.

As the case unfolds, it might head to higher courts, testing executive powers in emergencies.

This Ohio showdown spotlights the fuzzy line between hemp and cannabis, a debate raging since federal legalization. With businesses fighting for survival and a governor standing firm on safety, the outcome could reshape the market. It reminds us how policy shifts can upend lives, from shop owners scrambling to pivot to families navigating new rules.