On October 8, 2025, Ohio Governor Mike DeWine issued an executive order declaring a public health emergency and banning the sale of “intoxicating hemp” products for a period of 90 days. The ban most notably targets delta 8 THC, delta 10 THC and certain forms of delta 9 THC that are commonly sold outside Ohio’s regulated cannabis program. Retailers must remove these products from shelves by October 14, 2025, or face potential fines of $500 per day.[1]
The Governor cited increasing reports of accidental ingestion and adverse effects among minors as the basis for the emergency action.[2] The order directs the Ohio Department of Agriculture (ODA) to amend its administrative rules defining “hemp” and “hemp products” to exclude intoxicating items. To expedite the process, the order also suspends agency rulemaking procedures and allows for the immediate adoption of emergency rules, which will remain in effect for up to 120 days.
Notably, Governor DeWine’s order does not apply to non-intoxicating hemp products such as CBD, or products sold through Ohio’s licensed medical marijuana dispensaries. However, the distinction between intoxicating and nonintoxicating hemp is not always clear. This creates uncertainty for businesses that operate in a gray area – particularly those selling hemp-derived products that may have intoxicating effects.
Lawsuits have already been filed challenging the executive order,[3] and further legal developments are expected as stakeholders on both sides of the issue respond to the emergency action. In the meantime, businesses should review their product lines, remove potentially non-compliant inventory and stay alert for updates from Ohio regulators, legislators and courts.
*Sarvani Vemuri is a law clerk and is not yet licensed to practice law.
