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Ohio Governor Mike DeWine signed an executive order on October 8, 2025, implementing an immediate pause on sales of unregulated cannabinoid derivative products including delta-8 THC and THC-A, declaring an adulterated consumer product emergency and giving retailers until Tuesday, October 14 to clear affected products from shelves.
The order contains two primary components: a redefinition of hemp under Ohio Revised Code to exclude "intoxicating hemp" from the legal hemp definition, and a declaration of an adulterated consumer product emergency. The emergency declaration establishes a 90-day ban on products fitting the new intoxicating hemp definition following the five-day removal period.
DeWine stated, "It is absolutely absurd that a 14-year-old, a 13-year-old can walk into a store and buy this stuff. It's never what anybody intended. I don't think you'll find one legislator who will tell you that it was intended, so yeah, I went back to our lawyers."
The action represents a shift from DeWine's position in early 2024, when he indicated he could not "do anything without action by the state legislature." The governor has called on legislators to regulate intoxicating hemp products since late 2023, but legislative efforts have stalled over disagreements on implementation approaches.
The regulatory situation stems from the 2018 federal Farm Bill, which removed cannabis products containing less than 0.3 percent delta-9 THC from the marijuana definition. This created pathways for products with psychoactive ingredients that induce intoxication but remained legal for purchase at any age under federal hemp definitions.
Most intoxicating hemp products contain cannabinoids other than delta-9 THC or contain delta-9 THC at concentrations below the 0.3 percent threshold while still producing psychoactive effects. The technical compliance with federal hemp definitions allowed widespread retail sales through channels not subject to marijuana regulatory requirements.
DeWine's executive order attempts to address this federal-state regulatory gap through state-level redefinition of hemp to exclude intoxicating products, regardless of their delta-9 THC concentration or compliance with federal hemp definitions.
House Speaker Matt Huffman (R-Lima) told reporters Wednesday morning, "You know, perhaps the hemp order helps, perhaps it hurts, but I think we can still get (legislation) done before we leave for Thanksgiving."
Some lawmakers questioned whether DeWine is acting within his authority as governor. The Joint Committee on Agency Rule Review maintains final approval authority over the governor's request for hemp redefinition under Ohio's administrative procedures.
"If they really believe that," DeWine responded, "they can take action as well."
Representative Tex Fischer (R-Boardman) characterized the order as overly broad, stating it targets an entire industry "over the actions of some bad actors." Fischer said in an interview, "Their livelihood is gone because of the actions of the governor and him deciding that he found this new authority to regulate something."
The constitutional questions about executive versus legislative authority to regulate commercial products and redefine statutory terms could affect the order's durability and implementation. Whether courts would uphold the governor's emergency declaration authority to effectively ban products the legislature has not prohibited remains legally uncertain.
Previous legislative efforts would have required intoxicating hemp products to undergo testing and be sold exclusively through licensed marijuana dispensaries, while banning sale of untested products. Most proposals included carve-outs for infused beverages, allowing retailers with liquor licenses to continue selling them.
The legislative stalemate reflects competing interests and policy approaches. Some lawmakers favor regulatory frameworks with testing requirements, age restrictions, and retail licensing over outright prohibition. Others support channeling all intoxicating cannabinoid products through the existing marijuana dispensary system.
The lack of legislative consensus on how to handle intoxicating hemp products since recreational marijuana legalization in 2023 created the regulatory vacuum that DeWine's executive action attempts to fill. Whether the emergency order will accelerate legislative action or create new points of contention remains uncertain.
Retailers selling intoxicating hemp products—including gas stations, smoke shops, and holistic wellness stores—have lobbied against outright bans. These businesses developed revenue streams around products that were legally available and face sudden inventory losses and business model disruptions under the emergency order.
The five-day window to remove products from shelves provides minimal time for retailers to sell remaining inventory or receive clarification on which specific products fall under the intoxicating hemp definition. Questions about product disposal, inventory write-offs, and business continuity planning remain as retailers scramble to comply.
The heavily-regulated marijuana industry, by contrast, supports stricter mandates that would channel intoxicating cannabinoid sales through licensed dispensaries. Licensed operators argue that allowing intoxicating products in general retail creates unfair competition from businesses not subject to marijuana industry compliance costs.
Specific details about which products fall under the intoxicating hemp definition require clarification. Whether the order applies to all hemp-derived cannabinoids or specific compounds, what intoxication standards determine coverage, and how retailers verify product compliance remain unclear.
Enforcement mechanisms and which state agencies will oversee compliance during the 90-day ban period need definition. Ohio's current regulatory structure involves multiple agencies with different jurisdictions over hemp, marijuana, consumer products, and retail operations.
The 90-day ban timeline suggests DeWine expects legislative action during that period to create permanent regulatory frameworks. However, if legislators do not act within 90 days, questions arise about whether the emergency declaration can be extended, whether new executive action would be required, or whether products would return to market in their previous unregulated status.
DeWine's order also affects kratom products, though the relationship between kratom regulation and the hemp redefinition remains unclear. Kratom is not a cannabis derivative but a plant-based supplement that has faced separate regulatory scrutiny at state and federal levels.
Including kratom in an emergency order focused on intoxicating hemp products raises questions about the legal basis for regulating botanically unrelated substances under the same authority. Whether the emergency declaration's adulterated consumer product rationale applies equally to kratom and hemp-derived cannabinoids may face legal challenges.
The Joint Committee on Agency Rule Review's consideration of DeWine's hemp redefinition request will determine whether the regulatory change gains permanent status or remains limited to the emergency declaration period. Committee approval timelines and the potential for legislative override create uncertainty about long-term regulatory status.
If legislators enact comprehensive intoxicating hemp regulations before the 90-day ban expires, the executive order may become moot. However, continued legislative deadlock could leave Ohio with emergency declarations as the primary regulatory mechanism, potentially subject to legal challenges about the appropriateness of emergency powers for non-acute regulatory situations.
As Ohio implements emergency restrictions on intoxicating hemp products and other states consider similar actions, businesses need real-time regulatory monitoring and rapid compliance response capabilities. Qredible's Q-Trust quality management system provides instant regulatory alerts, multi-state compliance tracking, and documentation systems that help businesses adapt to sudden regulatory changes while maintaining operational continuity. Contact our team to learn how our regulatory intelligence platform can help your business navigate uncertain regulatory environments and maintain compliance across changing state requirements.
