In a recent clash between Ohio Governor Mike DeWine and the state's hemp retailers, a Franklin County judge has delivered a temporary setback to the governor's efforts to restrict the sale of intoxicating hemp products. Yesterday, Judge Carl A. Aveni of the Franklin County Court of Common Pleas ordered a temporary restraining order (TRO), effectively halting DeWine's executive order that would have ceased sales of such products for 90 days, as reported by Cannabis Business Times.
The legal intervention came just as Ohio retailers braced for an immediate ban, which, DeWine claimed, was designed to prevent youth access and ensure consumer safeguards. The TRO lasts for 14 days, with a preliminary injunction hearing scheduled for Oct. 28. Three Ohio businesses, involved in the lawsuit against DeWine, have argued that there's no evidence hemp products pose a health threat, and contend that the ban oversteps legal boundaries. These businesses include Cleveland-based Titan Logistics Group, West Chester-based Fumee Smoke & Vape, as well as Invicta Nutraceuticals from Cincinnati.
Aveni's decision to issue the temporary block against the ban was grounded in concerns for the separation of powers, suggesting that the executive order may have overreached, an observation taken up by the Cannabis Business Times. The judge wrote, “The court finds plaintiffs have shown a likelihood of success on the merits," and raised the possibility that "[The executive order] attempts to exercise legislative power reserved by the Ohio Constitution to the General Assembly, thereby violating the separation of powers."
In response to the ruling, Gov. DeWine maintained his stance through a statement, declaring, “Ohio voters approved a highly-regulated market; they did not approve sales in these other venues. Ohio voters also mandated that products not target children and be tested for safety,” as obtained by WBNS. Meanwhile, business owners remained optimistic about their prospects. Ryan Horan, COO of Estazzi Beverages LLC, expressed confidence in maintaining customer loyalty regardless of Ohio's ban, citing interactions with Kentucky retailers interested in capitalizing on the Ohio market's abrupt gap. Similarly, Peter LaFontaine, owner of Fountain Cannabis Company, welcomed the judge’s decision, emphasizing the importance of local deliveries for their customers who prefer not to wait for mail orders, as noted in his interview with WLWT.
This legal skirmish highlights the tumultuous regulatory environment surrounding cannabis products in Ohio, underscoring the conflicting views on market regulation and consumer protection. As the temporary reprieve allows, retailers will continue to sell intoxicating hemp products until the court revisits the issue later this month.
