Judge Blocks DeWine’s Order Banning Intoxicating Hemp Products
An Ohio judge has granted a temporary restraining order (TRO) blocking Governor Mike DeWine’s executive order that declared an Adulterated Consumer Product Emergency for consumable products containing intoxicating hemp.
The order, if enforced, would have required retailers to stop selling all intoxicating hemp products, such as those containing delta-8-THC and delta-9-THC, by October 14.
These products are created by chemically manipulating compounds in legal hemp to produce intoxicating effects similar to marijuana, yet remain unregulated and accessible to children.
Governor DeWine defended his decision as a public health measure, saying, “Intoxicating hemp products are known to have significant impacts on young, developing brains, yet these products are legally marketed to children, sold to children, and ingested by children in Ohio. When voters chose to legalize marijuana, they voted for a highly regulated market that only allows sales at licensed dispensaries to those 21 and older.”
However, Judge Carl Aveni of the Franklin County Court of Common Pleas ruled that the Governor’s order violated the separation of powers, noting that it attempted to “exercise legislative power reserved by the Ohio Constitution to the General Assembly.” The court added that any changes to the legal status of hemp products should “occur through lawful legislative means.”
The TRO halts enforcement of the order for 14 days, with a preliminary injunction hearing set for October 28. The court emphasized that upholding constitutional boundaries was in the public interest, stating, “The separation of powers is not a matter of convenience; it is a constitutional safeguard.”
While the legal debate continues, advocates stress that protecting children from harmful substances remains a shared responsibility. Every child has the right to be protected from the illicit use of narcotic and psychotropic substances. This calls for balanced governance, ensuring constitutional compliance while safeguarding children’s health and well-being.
