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Ohio judge blocks DeWine’s ban on intoxicating hemp products for 14 days

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Ohio judge blocks DeWine’s ban on intoxicating hemp products for 14 days


COLUMBUS, Ohio–A Franklin County judge on Tuesday paused Gov. Mike DeWine’s public health emergency health order banning the sale of intoxicating hemp products for 14 days.

Franklin County Common Pleas Court Judge Carl Aveni issued a temporary restraining order, which takes effect immediately, blocking an executive order DeWine issued last week, saying he is concerned that the governor is creating “new definitions” about what constitutes intoxicating hemp that don’t exist in state law.

The governor’s order, signed last Tuesday, directed all retailers to remove intoxicating hemp products from their shelves and cease sales. Failure to comply meant that authorities could cease products, and that businesses could be subject to a fine of $500 daily while the sales continue. The order was set to last for at least 90 days.

DeWine’s ban faced legal pushback in a lawsuit filed by three Ohio businesses affiliated with the hemp industry, Titan Logistics Group, Fumee Smoke and Vape and Invicta Nutraceuticals.

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Jonathan Secrest, an attorney for the plaintiffs, told Aveni that DeWine’s executive order created a definition of “intoxicating hemp” out of whole cloth, and that his definition – cannabis products with a maximum of 0.5% of THC per serving or 2 mg of THC per package – was illegally stricter than state law.

“Gov. DeWine does not understand what he’s regulating,” Secrest said.

That’s because state law has no definition of “intoxicating hemp,” but it defines hemp as cannabis containing up to 0.3% mg of a specific form of THC – delta-9. Cannabis with THC levels higher that 0.3% is considered to be marijuana.

DeWine’s hemp limits in his executive order, however, were on concentrations of THC in general.

As THC can come in other forms, such as delta-8, Secrest argued that DeWine’s order would effectively ban hemp products with lower percentages of delta-9 THC than what state law defines as hemp.

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Aveni agreed, saying DeWine’s hemp limits are “antithetical” to the definition of hemp passed by the state legislature.

Aveni said DeWine’s order “basically attempts to supercede” the definition of hemp passed by the Ohio legislature, which allows the sale of hemp products at a higher THC level than what DeWine’s executive order permits.

He added that without a court injunction, hemp companies would “face immediate and irreparable harm through substantial disruptions to their business operations.”

Aveni concluded his ruling by urging state lawmakers to take additional action “to determine the appropriate scope of comprehensive hemp regulation.”

“The intent was not to ban an entire category of products,” Secrest said, adding that DeWine’s order was “vague” and “overly broad.”

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Drew Campbell, a lawyer defending DeWine’s order, said that was “plainly not the case” and that DeWine’s order is “clearly” lawful.

Aveni asked Campbell what changed since last year, when DeWine told reporters that he didn’t have the unilateral authority to restrict intoxicating hemp.

Campbell replied by pointing to DeWine’s argument that many gas stations and other stores in Ohio sell hemp products that are marketed to children — including gummies with packaging mimicking popular brands of candy — despite containing dangerous amounts of THC.

“Children are being poisoned,” Campbell replied. “They’re being poisoned and people are making money off that process.”

As temporary restraining orders cannot be appealed, the lawsuit will now proceed to the question of whether DeWine’s executive order should be permanently overturned.

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Aveni, when issuing the temporary restraining order Tuesday, said plaintiffs “have shown a likelihood of success on the merits” of such an argument.

Since Ohio voters decided to legalize recreational marijuana in 2023, a variety of products with low levels of hemp-derived THC — including candy, gummies, chocolate, and drinks — have popped up at a wide assortment of retailers around the state.

DeWine spokesman Dan Tierney, in a statement, said that Ohio voters decided in 2023 to pass a state law legalizing recreational marijuana, they never intended for cannabis to be sold outside of a set number of licensed, regulated dispensaries.

Ohio voters, Tierney continued, also mandated that cannabis products not target children and be tested for safety.

“While we continue to fight in court, today’s developments underscore our continued desire to work with the General Assembly to pass permanent legislation regarding intoxicating hemp,” Tierney stated.

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Since Ohio legalized recreational marijuana in 2023, DeWine has pushed state lawmakers to enact restrictions on both hemp and marijuana products.

However, so far, the legislature has been unable to pass any such legislation — even regarding regulations that they all generally agree on, such as restricting sales to children.

The sticking points regarding hemp products include whether they can only be sold in marijuana dispensaries, and whether hemp-based THC drinks can be sold in bars.

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4-star 2026 recruit released from agreement with Tennessee, set to sign with Ohio State football

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4-star 2026 recruit released from agreement with Tennessee, set to sign with Ohio State football


COLUMBUS, Ohio — Four-star 2026 recruit Legend Bey has been released from signing with Tennessee and quickly flipped his decision to Ohio State.

As reported by Rivals on Tuesday, Bey no longer was a member of Tennessee’s program by the evening and quickly joined the Buckeyes’ 2026 class. He is free to play immediately in Columbus.



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Ohio’s secretary of state shows “cognitive dissonance” on election integrity – again

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Ohio’s secretary of state shows “cognitive dissonance” on election integrity – again


Ohio Secretary of State Frank LaRose is once again demonstrating that he operates not based on principles but on his loyalty to President Donald Trump and the MAGA movement, say the hosts of the Today in Ohio podcast.

Tuesday’s episode took aim at LaRose’s recent announcement that Ohio is joining the EleXa Network, a system where states share voter data to combat fraud—nearly identical to the ERIC (Electronic Registration Information Center) system LaRose abandoned after MAGA criticism.

“This was the case that — for anybody that wanted to see it — showed just how lily-livered LaRose is, that he doesn’t stand for anything,” said Chris Quinn. He noted how LaRose was full-throated in supporting ERIC “until all of a sudden ‚the MAGA folks said it’s bad. And then like you said, hot potatoes.”

Lisa Garvin explained that LaRose had previously championed ERIC as an essential tool for maintaining accurate voter rolls and preventing fraud. However, when conservative media outlets began claiming the system favored Democrats and undermined election integrity, LaRose abandoned it—only to now join a nearly identical system with a different name.

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Quinn didn’t hesitate to predict LaRose’s future behavior: “And watch, if MAGA comes out and says, ‘Oh, we hate this system,’ he’ll immediately turn tail again. And it shows you everything. He doesn’t stand for anything except supporting MAGA and the Republicans.”

Garvin said LaRose’s decisions are part of his pattern on election integrity.

“He’s always trumpeted the integrity of Ohio’s election system. And then he turns around and said, ‘well, there’s fraud everywhere.’” She said. “This is like cognitive dissonance?”

Both Eric and EleXa allow states to share information on people who may be registered in multiple states or who have died, helping to keep voter rolls accurate and prevent people from voting twice. Ohio is joining with nine neighboring states, including Indiana, Kentucky, West Virginia, and Pennsylvania.

Of course, as podcast hosts noted, voter fraud is extremely rare.

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Listen to the episode here.



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Leaders from dozens of states in Ohio to fight federal overreach

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Leaders from dozens of states in Ohio to fight federal overreach


COLUMBUS, Ohio (WCMH) — The Ohio Statehouse hosted a historic gathering of legislative leaders from across the country Monday, discussing concerns about the increasing power of the federal government.

Senate presidents and House speakers from about 40 states met in the chambers of the Ohio House of Representatives, unanimously adopting a nonbinding declaration for the restoration of federalism and state empowerment.

“The states are not instrumentalities of the federal government; the states created the federal government, the states created the constitution,” said Bryan Thomas, spokesperson for the National Conference of State Legislatures (NSCL), which organized the assembly.

In addition to the federalism declaration, the inaugural Assembly of State Legislative Leaders unanimously adopted rules and frameworks for future assemblies. These rules were submitted by a bipartisan steering committee made up of five Democrats and five Republicans. Likewise, the Assembly’s proposal process requires bipartisan support in order to get a vote.

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“Coming from a blue state and minority [party] in the current federal government, it’s really important for us to find partners to work with,” Hawaii Senate President Ron Kouchi (D) said. “What better partners than our fellow legislators?”

Ohio Speaker of the House Matt Huffman (R-Lima) has been working to organize an assembly of legislative leaders to reassert the tenets of federalism for years.

“What we’ve done in the last 50 years or so, I don’t think that George Washington and Thomas Jefferson and John Adams would recognize,” Huffman said. “There are some things that the states do better and some things that constitutionally the states are required to do.”

According to Thomas, there are several specific issues where many states feel their power has been usurped by the federal government—particularly with regard to Medicaid policy.

“With changes to Medicaid coming down the pipe from Congress, what is the state role?” Thomas said. “What flexibility can states have in administering this program?”

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“Medicaid is the Pac-Man of the state budget. It is costing the state more and more money each year, it’s completely unsustainable,” Ohio Senate President Rob McColley (R-Napoleon) said. “It’s necessary for us to have these conversations about Medicaid because every state’s dealing with the same challenges.”

The Assembly did not end up voting on a proposed declaration regarding Medicaid, which would have urged Congress to “avoid unfunded mandates” and assert that states should “retain the authority to customize eligibility, benefits, and delivery systems.”

Although Thomas said planning for the Assembly has stretched between presidential administrations, President Donald Trump has made several moves during the first year of his second term to assert federal authority over the states — most recently by signing an executive order limiting states’ ability to regulate AI, and attempting to pressure the Indiana state legislature into redrawing congressional maps.

“There’s no specific action here of the current administration or the past administration that spurred this,” Thomas said. “This is more about a real grounding in principles.”

“Anybody has the ability to voice their opinion or their concerns on a variety of these issues,” McColley said of Trump’s campaign to influence the Indiana legislature. “I think the administration is free to talk about it and be involved in the process.”

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It is not clear when or where the Assembly will meet next, but Kouchi suggested a meeting could be held at July’s NCSL conference in Chicago. With a framework in place, Kouchi said he hopes the next assembly will get into the “meaty issues” concerning state legislative leaders.



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