A federal appeals court has partly limited an injunction that stopped Ohio from enforcing its new definition of hemp against a group of out-of-state hemp companies, Forbes reported on Sept. 26. Forbes said the order was first reported by Bloomberg Law.
The background
Senate Bill 56, which Ohio passed in 2025, narrowed the state’s definition of hemp. Forbes quotes the Division of Cannabis Control’s website as putting the rule this way: “any product containing more than 0.4mg of total THC per container is considered marijuana and is prohibited from being sold outside of a cannabis dispensary licensed by the Division of Cannabis Control (DCC).”
That change reaches products such as gummies, candies and drinks that had been sold in gas stations and grocery stores, according to Forbes.
Ten out-of-state hemp companies sued. They argued that the new definition effectively keeps their products out of Ohio unless they move parts of their operations into the state and get a license, and that this violates the dormant Commerce Clause, which limits states from discriminating against or unduly burdening interstate commerce.
In July, a federal district court agreed that the companies were likely to succeed on that claim, Forbes reported. It issued a preliminary injunction that barred Ohio officials from enforcing the amended hemp definition against the companies’ products, and against people and businesses handling those products.
What the appeals court did
Ohio appealed and asked the U.S. Court of Appeals for the Sixth Circuit to stay, or temporarily suspend, the injunction while the appeal proceeds.
According to Forbes, the Sixth Circuit did not lift the injunction completely, because Ohio had not made a strong enough showing that it would win. The court did agree that the lower court had made the injunction too broad. It granted Ohio’s request in part, narrowing the injunction’s effect while leaving key portions of the district court’s order in place.
Why it matters in Ohio
The fight over intoxicating hemp has divided hemp businesses and licensed dispensaries since Senate Bill 56 took effect in March. A narrower injunction may give the state more room to enforce the law while the appeal is pending. The full practical effect on retailers and brands is not yet clear.
What happens next
The appeal continues at the Sixth Circuit. Separately, Congress has changed the federal definition of hemp to sharply restrict the THC allowed in hemp-derived cannabinoid products. Those federal changes are scheduled to take effect on Dec. 11, according to Forbes.
Sources
- Forbes: Federal Appeals Court Limits Injunction Against Ohio Hemp Restrictions (Sept. 26, 2026)
- Ohio Department of Commerce: Intoxicating hemp ban in effect
- Ohio Legislature: Senate Bill 56, 136th General Assembly
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