The Sixth Circuit partly granted Ohio’s request to stay a July injunction, narrowing its bar on enforcing the state’s new hemp definition against products sold by 10 out-of-state companies. Key parts remain; Ohio had not made a strong enough case to lift the order pending appeal.
Ohio’s 2025 law defines hemp as no more than 0.3% total THC, including THCA, by dry weight, and excludes finished products exceeding 0.4 mg of combined total THC and certain other cannabinoids per container. Products outside the definition are treated as adult-use cannabis and can be sold only through Ohio’s licensed system. The companies argued the law would prevent them from selling in Ohio unless they moved parts of their operations there and obtained licenses, and that it violated the dormant Commerce Clause’s limits on burdens to interstate trade.
Congress has also amended the federal hemp definition in the 2018 Farm Bill, significantly restricting THC allowed in hemp-derived cannabinoid products. Those federal changes are scheduled to take effect on December 11.
