COLUMBUS, Ohio — A judge in Sandusky County has temporarily blocked Ohio's new law banning "intoxicating" hemp products in Fremont, but it could have wide-ranging impacts for the rest of the state.
This is a developing story and will be updated.
Judge Jeremiah S. Ray has issued a temporary restraining order on the hemp portion of Senate Bill 56. Signed into law in December, the legislation makes dramatic changes to marijuana usage and bans low-level THC hemp products.
"This is thus inherently discriminatory on its face," Ray wrote in his decision.
Seattle-based North Fork Distribution, which runs Cycling Frog Distribution, sued the Fremont Police chief and a detective to prevent enforcement.
The judge argued that the favoritism towards the federally illegal marijuana versus the federally legal hemp could likely violate interstate commerce regulations.
"The fact that Senate Bill 56 also has the practical effect of discriminating against thousands of in-state hemp and hemp-beverage manufacturers, producers, distributors, or retailers is no defense," he wrote. "If anything, the existence of parallel intrastate discrimination 'makes the protectionist effect of the ordinance more acute.'"
Legal experts are currently evaluating whether this means Cycling Frog can continue selling its product across the state, since the manufacturer is exempt from complying with the law for the time being. The restraining order applies to the police and "all who may act in concert with them" from taking action based upon S.B. 56.
"This order also fully protects third-parties that facilitate plaintiffs' businesses-such as distributors, warehousing, and logistics firms," the court said.
Hemp advocates have said they plan to use this case to bolster other court battles across the state. The Attorney General's Office has just requested to intervene in the case.
I have been covering marijuana policy extensively for years, including a series answering viewer questions about cannabis.
Where did the problem come from?
The intoxicating hemp products can look like candy, and they're sold at places like gas stations and smoke shops with no age limits.
Congress’s Agriculture Improvement Act of 2018 (Farm Bill) allowed for hemp products to be sold as long as they have .3% THC or less. U.S. Customs and Border Protection issued guidance on their website that under the law, the Drug Enforcement Administration no longer has the authority to seize and criminalize sending or buying seeds with less than .3% THC. In 2019, Ohio legalized the product, as well.
When voting to end the federal government shutdown in the fall, policymakers closed what they call a "loophole" in the Farm Bill that allowed for the low-level THC products to be sold without regulation. This ban goes into effect in November 2026.
After Congress's bill, lawmakers passed S.B. 56, eliminating intoxicating hemp except for THC-infused beverages. However, when signing, Gov. Mike DeWine vetoed that provision — banning all forms of the product.
Last effort
There are multiple legal cases regarding S.B. 56, which hemp advocates Dakota Sawyer never wanted. He wanted to repeal the law via a referendum.
However, the campaign to repeal the ban did not collect enough signatures to get on the ballot. They were tasked with getting around 250,000 in several weeks.
WATCH:
RELATED: Effort to repeal marijuana restrictions, THC ban fails to make Ohio ballot
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