Federal judge temporarily halts Ohio ban on THC beverages

An Ohio law that went into effect in March and restricts hemp beverages and other hemp-derived products from being sold won’t be enforceable for the next 14 days, and perhaps longer (Source: “Federal Judge Grants 10 Hemp Companies TRO in Ohio,” Cannabis Business Times, June 15).

A federal judge granted 10 companies that sell the hemp-derived products a temporary restraining order on June 15, blocking Ohio officials from “taking any criminal, civil, administrative or regulatory enforcement action” against them for at least two weeks, so long as their activities fall within the federal parameters of the 2018 Farm Bill.

U.S. District Judge Jeffrey J. Helmick granted the TRO after Cleveland-based Titan Logistics Group and its fellow plaintiffs filed a class-action lawsuit on June 4 in the Northern District of Ohio, arguing that Senate Bill 56, which Gov. Mike DeWine signed in December, violates the U.S. Constitution because of its “discriminatory effect on interstate commerce.”

Under S.B. 56, Ohio redefined hemp to include a 0.3% total THC threshold and banned intoxicating hemp products that contain more than 0.4 milligrams of total THC per container, as well as any cannabinoids that are unnaturally produced or synthesized outside of the plant. These provisions mirror a forthcoming federal ban that is not set to take effect until November 2026.