A federal judge gave 10 companies that sell the hemp-derived THC products a temporary restraining order on June 15, blocking Ohio enforcement from “taking any criminal, civil, administrative or regulatory enforcement action” against them for at least two weeks, so long as their activities fall within the federal parameters of the 2018 Farm Bill (at least as it stands today – not in November)

Small victories are worth celebrating, but this is a very small one. It is only a 14 day hold, although it may be longer. The lawsuit argued that Senate Bill 56, which Gov. Mike DeWine signed in December, violates the U.S. Constitution because of its “discriminatory effect on interstate commerce.” Interstate commerce is something that has been batted about in the alcohol industry when it comes to shipping wine (you can’t let instate wineries ship to consumers but exclude out of state wineries). It is a tough argument when it comes to regulated products because the federal government often grants state’s the rights to do what they want when it comes to public health and safety. The issue here may be that hemp THC under the 2018 farm bill is not a regulated product. This will certainly change one way or another this November.