What Does the Ohio Executive Order Banning “Intoxicating Hemp” Really Mean? [UPDATED]
Editor’s note – This article has been updated. Since it was originally written, the Ohio Court of Common Pleas has entered a temporary restraining order (TRO), a form of an injunction, prohibiting the Governor from enforcing the Executive Order that this article discusses. – Rod Kight
The Ohio governor, Mike Dewine, issued a highly anticipated executive order today banning “intoxicating hemp”. The governor declared “an adulterated consumer product emergency for consumer products containing intoxicating hemp.” Based on this declaration he ordered:
1. All consumer products containing intoxicating hemp must be removed from public display by all retailers,
2. No consumer products containing intoxicating hemp may be sold or offered for sale during the pendency of this emergency, and
3. Any retailer who possesses consumer products containing intoxicating hemp must segregate these units from other merchandise and dispossess them in a lawful manner, which includes but is not limited to returning them to the manufacturer or supplier, or holding them for disposition by law enforcement officers, officials of the Department of Agriculture, or officials of local health departments.
Enforcement of the order was scheduled to start on October 14, 2025, at 12:01 a.m., and to remain in place for ninety (90) days. The Executive Order has been enjoined – more below.
Reading the order, I’m reminded of the old adage that something not well-defined is as “clear as mud.” To non-lawyers and even to people outside the hemp industry, this order has a glaring problem – with one exception, discussed below, the order never defines what constitutes an “intoxicating hemp product”. While “intoxication” might seem to be a simple concept, it’s actually very difficult to define and enforcing it is nearly impossible. I’ve previously written here and here about why legislating hemp based on “intoxication” is a “fool’s errand”.
In other words, while the governor’s order may seem to be a broad and aggressive ban on a wide array of hemp products, the reality is much different. There is simply no objective standard to which law enforcement and regulators can use in determining what constitutes an “intoxicating hemp” product. This will make their jobs exceedingly difficult and should be a welcome relief to the anxious Ohio hemp industry that is currently feeling steamrolled.
To the extent that the order defines “intoxicating hemp”, it can only mean products containing delta-8 THC. Despite using the term “intoxicating hemp” numerous times, the only place it is actually defined is midway through the second page: “[A]ccording to data from Ohio Poison Control Centers, there have been hundreds of reports of intoxicating hemp (delta-8-THC) poisoning in Ohio over the last several years[.]” The parenthesis appear to define “intoxicating hemp” solely as “delta-8 THC”.
So what does this new Ohio “intoxicating hemp” executive order really mean? Regardless of the governor’s intentions, the only portion of the executive order that appears enforceable is that products containing delta-8 THC are banned as of October 14. Otherwise, and despite the appearance of being a comprehensive ban, things are pretty much status quo in Ohio right now.
NEW INFORMATION: Notwithstanding the above, a day after writing this blog the Ohio Department of Agriculture (ODA) issued draft rules that define “intoxicating hemp” as: “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.” Additionally, the Ohio Department of Agriculture (ODA) released a guidance document regarding the EO that includes the following notice to retailers:
“Products containing intoxicating hemp are now illegal in Ohio. This applies to anyone holding, selling, or offering intoxicating hemp products for sale in any retail setting in the state of Ohio. This includes retail food establishments (RFE), gas stations, food service operations (FSO), and any other retailer. Effective October 14, 2025, all food or drink with more than 0.5 mg per serving or totaling more than 2 mg per package of any type of THC is now illegal to sell outside of a licensed cannabis dispensary.“
This is aggressive, unwarranted, and possibly illegal. A copy of the draft rules is below. A group of Ohio hemp companies have filed a lawsuit. A copy of their complaint is below. NEW INFORMATION: On October 14, 2025, the Ohio Court of Common Please entered an injunction called a Temporary Restraining Order (TRO) that prohibits enforcement of the Executive Order. A copy of the TRO is below.
I should note that in both his press conference and his executive order the governor addresses “knock-off” products that use branding from popular non-hemp products, such as “Nerds” and “Gushers” to sell hemp products. This type of IP theft is a blight on the legitimate hemp industry, not to mention a lazy and dangerous practice. No one reading this blog is likely involved in that activity, but it needs to stop. Additionally, I always strongly encourage my clients to utilize consistent age-verification processes when selling hemp products at retail. Even in states that do not have no age requirements for hemp products, the best practice is to always limit sales to adults.
Here is the executive order:
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Open in new tab Here are the draft rules:
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Here is the ODA’s Guidance Document:
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Here is the Ohio hemp companies’ complaint:
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Here is the TRO:
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October 8, 2025, revised October 9 and 16, 2025
Rod Kight is an international cannabis lawyer. He represents businesses throughout the cannabis industry. Additionally, Rod speaks at cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on cannabis matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the cannabis industry. You can schedule a call with him by clicking here.
Oh great. So HDD9 brands have nothing to worry about! 😆 🤣 😂
Kenny – I appreciate your comment. I definitely think that hemp operators in Ohio are in a state of flux, which is unfortunate. However, based solely on the governor’s executive order I think that things are not as bad as they appear. – Rod
So ThcA is still in play and no products containing Delta 8 are allowed correct?
William – Good questions. Thanks for posting. This blog is to provide free public information, and it is not a place where I can provide legal advice. As discussed in the article, the only place where “intoxicating cannabinoids” is defined in the executive order solely references “delta-8 THC”. So, it appears that only delta-8 THC is implicated.
With respect to THCa, a non-intoxicating cannabinoid, it does not appear to be implicated in the executive order. That being said, with respect to THCa flower, by which I mean harvested cannabis material containing no more than 0.3% delta-9 THC but more than 0.3% THCa, it is probably not lawful in Ohio. Although Ohio’s definition of “hemp” mirrors the federal farm bill’s definition (ie, no more than 0.3% delta-9 THC), it further defines “delta-9 THC” as: “the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.” Ohio Rev. Code § 928.01(j) In other words, and unfortunately as it relates to “THCA flower”, Ohio uses a “total THC” metric to determine whether or not a product meets the definition of “hemp”, and THCa flower likely does not meet this standard. -Rod
Rod,
Thanks for the update, you’re very generous with your time and knowledge. Happy Growing 🙂
Thanks for reading and for the kind comments, Greg. We try to keep the industry informed. -Rod