COLUMBUS, Ohio — A federal court ruling is allowing a group of companies to continue selling THC-infused hemp beverages in Ohio while a legal challenge moves forward against the state’s restrictions on intoxicating hemp products.
U.S. District Court Judge Jeffrey Helmink issued a preliminary injunction Monday blocking enforcement actions against 10 companies involved in the production and distribution of hemp-derived beverages containing intoxicating levels of THC and CBD.
The ruling comes after changes made under Ohio Senate Bill 56, which took effect March 20 and amended the state’s voter-approved marijuana legalization law. Among the changes was a prohibition on intoxicating hemp products, including THC-infused beverages.
The companies affected by the ruling filed a lawsuit in June against 96 county and municipal prosecutor offices across Ohio, arguing that the new restrictions were unconstitutional and asking the court to prevent enforcement actions against them.
The lawsuit argues that Senate Bill 56 conflicts with the 2018 federal Farm Bill, which legalized hemp production nationwide and limited states’ ability to interfere with interstate transportation of hemp products. The companies also argue that the state law was not approved through a process that complies with the Ohio Constitution.
In his ruling, Helmink found that the companies had shown they could face significant harm without temporary court protection according to WBNS 10-TV.
“Plaintiffs have adequately alleged they will suffer irreparable harm in the absence of preliminary injunctive relief,” Helmink wrote in the decision.
The injunction prevents state and local officials from pursuing criminal, civil, administrative or regulatory actions against the 10 companies involved in the lawsuit, as well as individuals selling, distributing or consuming their products.
The companies covered by the ruling include Titan Logistics Group LLC, Hopportunity Holding Company LLC, Saucy Seltzer LLC, App Girls LLC, Modern Distribution LLC, Grayscale Brewing LLC, IHC Investments Inc., Know Naturals LLC, Precision Fill and Pack LLC and JSZN LLC.
The Ohio Attorney General’s Office is challenging the decision. Attorney General Andy Wilson filed a motion Tuesday asking the court to stay the preliminary injunction, arguing the ruling could create uncertainty in the state’s marijuana and hemp markets.
Wilson wrote that the court’s decision “has also invited confusion and chaos into Ohio’s marijuana markets.”
As of Tuesday afternoon, no response had been filed regarding the attorney general’s request.
The legal dispute adds another layer of uncertainty to Ohio’s evolving cannabis market. State lawmakers approved changes affecting hemp products after voters legalized recreational marijuana in 2023, but the latest federal court action temporarily prevents enforcement of the ban against the companies involved in the lawsuit.
The case will continue as the court considers the broader constitutional challenges to Ohio’s restrictions on intoxicating hemp beverages.
