Federal Judge Again Blocks Ohio From Enforcing Hemp Law
The legal fight could ultimately land in the Ohio Supreme Court
The future of enforcement around intoxicating hemp in Ohio continues to get hazier.
A federal judge recently granted a preliminary injunction to 14 hemp beverage companies that claim Ohio’s cannabis statute violates the dormant commerce clause.
The ruling, issued by U.S. District Court Judge Jeffrey Helmick on Sept. 4, means the state is prohibited from enforcing the law (SB 56) as litigation continues.
The attorney general’s office, in a short statement, said it intends on appealing the decision.
The preliminary injunction comes a month after the court granted a previous temporary restraining order to 14 companies. The TRO followed a separate, earlier preliminary injunction barring enforcement of the state’s law against 11 other manufacturers.
Helmick has repeatedly agreed with the plaintiffs, who have argued the Ohio law prohibits out-of-state companies from participating in the federally legal market for intoxicating hemp products within Ohio, while simultaneously permitting in-state companies to do so.
In this ruling, the judge asserted that the state law violates the dormant commerce clause.
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