The Next Front in the Hemp Fight: Executive Bans and Overreach

Ohio’s hemp industry now finds itself in the crosshairs of both executive orders and sweeping legislative proposals. What started as targeted concerns over “intoxicating hemp” products has ballooned into a broader threat to legal hemp, consumer access, and small business viability across the state.

The Governor’s Move: Banning “Intoxicating Hemp”

On October 8, 2025, Governor Mike DeWine announced he would issue an executive order to temporarily ban certain hemp-derived products he calls “intoxicating hemp”—including delta-8 and delta-9 THC edibles, beverages, and other consumables sold in convenience stores, smoke shops, gas stations, and similar retail outlets. Source: News 5 Cleveland WEWS Dispatch

Key elements in the draft order include:

Requiring retailers to remove these products from public display
Prohibiting sales during the state of emergency
Requiring these products to be segregated or held for law enforcement or agriculture officials
Assigning authority to the Ohio Department of Agriculture to exclude intoxicating hemp from Ohio’s legal hemp definition starting October 14, 2025

The justification offered? A purported public health emergency: unregulated THC products marketed to minors, lack of oversight, reported poisonings, and packaging that resembles candies or snacks.

Supporters argue DeWine is stepping into a void, claiming the legislature has failed thus far to regulate delta-8 and similar compounds, leaving dangerous products unmonitored.

But critics warn that using emergency executive power this way is overreach—and could destabilize the legal hemp market as a whole.

Why This Matters: Risk, Access, and Economic Consequences

1. Consumer Access & Safety

Removing regulated hemp-THC from ordinary retail access could push consumers into illicit or untested markets. Rather than “protecting” public safety, bans can backfire—creating new risks.

Plus, many hemp vendors already follow rigorous testing, labeling, and safety protocols to stay compliant with Ohio’s existing programs, according to the Ohio Department of Agriculture.

2. Business Disruption & Farm Viability

Small retailers, processors, and farmers may not survive the sudden shift. Some have testified that such legislation would eliminate the bulk of what they carry.

Ohio grows hemp under a state‐run program overseen by the Department of Agriculture. Starting January 2026, the program is shifting to USDA oversight—adding a layer of disruption.

3. Legal & Market Uncertainty

A statewide ban or sweeping restriction sets precedent. Once you lose legal pathways, it’s extremely difficult to rebuild them. Also, definitions (what counts as “intoxicating”) may be vague or overly broad—so risk spreads to non-THC hemp products. Legally, emergency orders may be challenged as exceeding constitutional limits.

What The Hemp Industry is Doing About It:

Several Ohio hemp companies have filed a lawsuit against Governor Mike DeWine, arguing that his recent executive order banning “intoxicating hemp” products is unconstitutional. They claim the governor exceeded his legal authority by unilaterally redefining hemp and imposing restrictions that should come from the legislature, not executive action. The businesses say the order threatens their livelihoods by forcing them to pull legal products from shelves without due process, and they’re asking the court to block the order while the case proceeds.

The Next Threat: SB56

Ohio’s SB 56 would do more than “regulate” hemp, it would ban most local hemp retailers from selling their products and replace them with a costly, marijuana-style license system that only big companies could afford. If it passes, thousands of small businesses would be forced to close, and hemp products would end up restricted to a few large, private equity–backed marijuana corporations.

Most small hemp businesses would be priced out, while corporate operators would gain control over hemp sales. We cannot allow this to happen.

What You Can Do: Take Action Now

We’re facing a tipping point. Here’s how you can help protect Ohio’s hemp industry—and prevent overreach that punishes lawful business and choice:

Reach out to your state legislators

Tell your state representative and senator to oppose blanket bans or executive overreach
Urge them to demand fair, science-based regulations (age limits, labeling, testing), not massive restrictions

Share your story

Let lawmakers, media, and the public know how this would affect your business, your access, your community
Use social media, local newspapers, op-eds, and community meetings

Stay informed & mobilized

Track changes in SB 86, SB 326, and any new proposals
Watch court challenges or enforcement actions
Support organizations defending hemp access

Conclusion

Ohio’s current trajectory threatens to transform—or cripple—its hemp ecosystem. What started as regulatory concern over delta-8 and intoxicating derivatives is evolving into a broader assault on hemp itself. That’s a risk too big to leave to insiders or backroom decisions.

If the industry and consumers don’t respond now, the future in Ohio could look like one where all hemp is treated like cannabis—and legal access disappears for many.

Let’s push back. Hold lawmakers accountable. The road ahead is uncertain—but our voices can make the difference.

Take Action for Ohio below: