Ohio Judge Pauses Enforcement of Hemp Product Ban, Citing Marijuana Industry Favoritism

The ruling blocks the Fremont Police Department from enforcing a new state law that gives licensed marijuana retailers a monopoly over federally legal hemp-derived products.

Apr. 7, 2026 at 4:23pm

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A close-up painting of a single hemp leaf or hemp product, rendered in muted earth tones and dramatic lighting, conveying a sense of quiet contemplation around the legal and commercial tensions in the cannabis industry.As the hemp and marijuana industries clash over regulatory control, a court ruling casts doubt on Ohio's efforts to shield its cannabis dispensaries from out-of-state competition.Sandusky Today

A Sandusky County judge has issued a temporary restraining order blocking the enforcement of an Ohio law that bans the sale of intoxicating hemp-derived cannabinoids except at licensed marijuana retailers. The judge ruled that the law likely violates the Dormant Commerce Clause of the U.S. Constitution by discriminating against out-of-state hemp businesses and effectively giving the state's marijuana industry a monopoly over federally legal hemp products.

Why it matters

This ruling highlights the ongoing tensions between the hemp and marijuana industries in Ohio, as well as the legal complexities around regulating hemp-derived products. The decision could have broader implications for how states approach the regulation of hemp and cannabis-related goods, especially as federal laws continue to evolve.

The details

The case was brought by Seattle-based hemp beverage company Cycling Frog, which sells its products throughout Ohio. Judge Jeremiah Ray ruled that the new law created by Senate Bill 56 appears to unconstitutionally discriminate against out-of-state hemp businesses by giving Ohio's licensed marijuana dispensaries a monopoly over federally legal hemp-derived products. The judge noted that the law also discriminates against in-state hemp businesses that are not part of the marijuana supply chain.

  • On April 7, 2026, Judge Jeremiah Ray issued a temporary restraining order blocking the Fremont Police Department from enforcing the new hemp product ban law.
  • The temporary restraining order remains in effect until April 28, 2026.

The players

Cycling Frog

A Seattle-based hemp cannabinoid beverage company that sells its products throughout Ohio, including Sandusky County.

Judge Jeremiah Ray

A Sandusky County court of common pleas judge who ruled that Ohio's new law banning the sale of intoxicating hemp-derived cannabinoids except at licensed marijuana retailers is likely unconstitutional.

Dave Yost

Ohio's Attorney General, who has filed a motion to intervene in the Sandusky case to defend the state law created by Senate Bill 56.

Ohio Cannabis Coalition

A group representing the state's licensed marijuana industry, which criticized the hemp industry for challenging Senate Bill 56.

David Bowling

The executive director of the Ohio Cannabis Coalition, which criticized the hemp industry for challenging Senate Bill 56.

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What they’re saying

“The practical effect is to immunize Ohio's in-state marijuana industry, which Ohio law requires to have an in-state physical presence, from out-of-state competition with respect to federally legal hemp products otherwise sold in interstate commerce.”

— Judge Jeremiah Ray, Sandusky County Court of Common Pleas Judge

“If Ohio elects to allow these goods in Ohio, which they have—they're just calling them marijuana now, and they can be bought at dispensaries—they can't discriminate against the goods on the basis of their origin, which is the practical effect of the redefinition of hemp. What they've done is criminalize interstate commerce. This is just a garden variety Dormant Commerce Clause violation.”

— Andy Mayle, Attorney representing Cycling Frog

“The hemp industry has continuously worked to exploit a loophole in an effort to profit off of consumers. That continues to be true today. SB 56 was meant to protect Ohioans from unsafe, untested products. The Ohio legislature and federal government are in line on this issue.”

— David Bowling, Executive Director, Ohio Cannabis Coalition

What’s next

Judge Jeremiah Ray is expected to rule on whether to expand the temporary restraining order to a statewide class action that would block all law enforcement agencies in Ohio from enforcing the hemp product ban law.

The takeaway

This case highlights the ongoing legal battles between the hemp and marijuana industries as states work to regulate the rapidly evolving cannabis landscape. The ruling suggests that Ohio's attempt to give its licensed marijuana retailers a monopoly over hemp-derived products may violate federal commerce laws, raising questions about how states can balance consumer safety with fair market competition.