Ohio Hemp Retailers Fight State Ban Despite New Law

Temporary restraining order halts enforcement in one city, but broader statewide impact remains uncertain.

Apr. 8, 2026 at 9:51pm

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A serene, photorealistic painting of a solitary hemp plant or hemp product, such as a bottle or package, bathed in warm, golden sunlight and deep shadows, conveying a sense of nostalgia and the ongoing tensions surrounding the legality of these products.The legal battle over intoxicating hemp products in Ohio reflects the complex and evolving regulatory landscape around cannabis and hemp-derived goods.Columbus Today

Intoxicating hemp products have been illegal in Ohio since new cannabis regulations went into effect on March 20, but hemp retailers and their supporters are challenging the state ban in court. A temporary restraining order was issued in Fremont, preventing local police from enforcing the ban, and the retailers are seeking to expand the order statewide. Meanwhile, Ohio breweries are calling on the legislature to override the governor's veto and revert the law to allow hemp-derived THC beverages.

Why it matters

The ongoing legal battle over intoxicating hemp products in Ohio highlights the complex and evolving landscape of cannabis regulation across the country. The outcome could have significant implications for hemp businesses and consumers in the state, as well as set precedents for how states handle the federal legalization of hemp-derived intoxicants expected later this year.

The details

In a victory for hemp retailers, Sandusky County Judge Jeremiah Ray issued a temporary restraining order preventing the Fremont City Police Department from enforcing the state's ban on intoxicating hemp products. The retailers' attorney, Andy Mayle, has asked the court to expand the order to apply statewide by certifying a 'defendant class action.' Meanwhile, a group of Ohio breweries is calling on the legislature to override Governor Mike DeWine's veto and revert the law to allow hemp-derived THC beverages. However, legislative leaders say an override would be an 'extraordinary effort' that likely lacks the necessary support in both chambers.

  • The new Ohio cannabis regulations went into effect on March 20, 2026.
  • The temporary restraining order was issued by Sandusky County Judge Jeremiah Ray last week.
  • Intoxicating hemp products are set to become federally illegal in November 2026.

The players

Dakota Sawyer

A lobbyist for the hemp retailers challenging the state ban.

Andy Mayle

The attorney representing hemp retailers in the legal case against the ban.

Matt Huffman

The Republican Speaker of the Ohio House of Representatives, who estimates there could be around 30 votes in his caucus to override the governor's veto.

Jerry Cirino

A Republican state senator who says an override effort would require 'an extraordinary effort' and 'proper support in both chambers.'

Bill DeMora

A Democratic state senator who believes he could convince his colleagues to support an override, but is unsure about getting enough Republican votes.

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What they’re saying

“We believe that this TRO could apply statewide. When you read it, it sounds like something that could be ruled in every county in any case that's brought up.”

— Dakota Sawyer, Lobbyist for hemp retailers

“We've asked the court to certify a class of all law enforcement officers in Ohio.”

— Andy Mayle, Attorney for hemp retailers

“Certainly we'd consider it, because I think some of our members, a few believe there should be an override. We really wouldn't do serious consideration unless the Senate did that and I don't think they're going to.”

— Matt Huffman, Ohio House Speaker

“There's a lot of interest certainly in our caucus about the subject. It takes an extraordinary effort to pull together enough votes to override any vetoes. The Speaker and the Senate President have to be very careful and cautious before undertaking such a thing to make sure that there's proper support in both chambers.”

— Jerry Cirino, Ohio State Senator

“I wish it would, and now I'm going to talk to some of my colleagues about it. I would probably be able to convince my Democratic colleagues. I don't think we can get 12 Republicans.”

— Bill DeMora, Ohio State Senator

What’s next

The Sandusky County court is expected to rule on the request to expand the temporary restraining order to apply statewide in the coming weeks. If granted, it would temporarily halt enforcement of the hemp ban across Ohio until the broader legal challenge is resolved.

The takeaway

The ongoing battle over intoxicating hemp products in Ohio highlights the complex and evolving nature of cannabis regulation at the state level, even as federal legalization of hemp-derived intoxicants looms. The outcome could set important precedents for how states handle this issue and the balance of power between state and federal cannabis laws.