Pause in Ohio intoxicating hemp ban as Michigan and California press ahead with rules

A county judge has temporarily blocked an emergency order banning the sale of intoxicating hemp products in Ohio, pausing the new rules for two weeks as legal challenges unfold.

Franklin County Common Pleas Court Judge Carl Aveni issued the temporary restraining order on saying he is concerned that the Gov. Mike DeWine is creating “new definitions” about what constitutes intoxicating hemp that don’t exist in state law.

The order had directed all retailers to remove intoxicating hemp products—such as gummies, drinks, and chocolates—from their shelves and halt sales.

The pause offers the hemp sector brief breathing room as the court considers whether DeWine’s unilateral action is legally sound. The governor’s move followed months of debate over how to regulate hemp-derived intoxicants in the state, where regulators have warned of widespread availability of products containing delta-8 and hemp-derived delta-9 THC outside the licensed cannabis system.

Other state action

Michigan: Lawmakers are advancing legislation that would tighten regulation of hemp products sold outside the state’s adult-use cannabis market. While most of the bill addresses cannabis licensing, key provisions would set THC content thresholds for hemp products and bring hemp intoxicants under the state’s cannabis regulatory framework. Lawmakers argue the measures are needed to close loopholes that allow unregulated intoxicating hemp products to circulate widely. Industry groups are split: some hemp operators welcome the clarity, while others fear higher compliance costs and a loss of retail channels.

California: Regulators are marking one year since statewide enforcement began on hemp-derived intoxicants sold through alcohol-licensed venues. The California Department of Alcoholic Beverage Control (ABC) has reported 99% compliance with rules prohibiting the sale of food, beverages, or supplements containing detectable THC or other intoxicating cannabinoids. Since the emergency regulation took effect in September 2024, ABC agents have inspected nearly 15,000 licensees and removed more than 7,200 illegal products from shelves.

Patchwork responses

These developments highlight the increasingly fragmented U.S. regulatory landscape for intoxicating hemp products. With no federal clarity following the 2018 Farm Bill’s loophole on hemp-derived THC, states are pursuing divergent approaches—ranging from emergency bans and judicial interventions to integration into cannabis frameworks or targeted enforcement campaigns. The patchwork has created uncertainty for hemp businesses and state regulators alike as Congress considers how to address intoxicating hemp in the next Farm Bill.