Judge allows THC, hemp products to return to Ohio shelves with temporary block

A federal judge has issued a 14-day temporary restraining order blocking Ohio from enforcing Senate Bill 56, which had effectively banned intoxicating hemp products since March. The ruling allows Urban Artifact and nine other plaintiff companies to resume sales of THC-infused beverages and hemp products while the legal challenge proceeds. This development is significant for the regional cannabis and hemp sector as it challenges state-level restrictions that may violate constitutional commerce protections by favoring in-state production over out-of-state sellers.

Urban Artifact, a Cincinnati-based brewery, and nine other companies filed a lawsuit against 96 Ohio county and municipal prosecutors' offices to challenge the legality of Senate Bill 56. The legislation, which went into effect in March, banned intoxicating hemp products and THC-infused drinks like Urban Artifact’s Coastalo soda. According to co-owner Scotty Hunter, the ban forced the company to halt production goals and lay off staff, highlighting the immediate economic impact of the state's restrictive hemp licensing laws on local businesses.

The federal judge's decision to grant the temporary restraining order was based on the finding that Senate Bill 56 likely violates the U.S. Constitution. Specifically, the judge noted that the law requires hemp products to be sourced, manufactured, and distributed exclusively within Ohio, which unconstitutionally restricts out-of-state commerce. This legal pivot provides a narrow window for the involved plaintiffs to resume operations, though the order currently only applies to the specific companies named in the lawsuit rather than the entire state market.

Reactions to the ruling have been mixed, with Warren County Prosecutor David Fornshell’s office arguing that the plaintiffs failed to meet the necessary burden of proof for an injunction. Despite this opposition, Hunter expressed optimism that the ruling represents a step toward a safe, regulated market where consenting adults have access to a variety of products. The temporary restraining order is set to expire on June 29, leaving the long-term legality of hemp-derived THC products in Ohio uncertain as the industry awaits further court proceedings or potential extensions.