Ohio Urges Federal Court To Uphold Narrower Definition of Hemp

In July, an Ohio Federal District Court granted hemp plaintiffs a preliminary injunction that enjoined Ohio from enforcing Ohio Senate Bill 56, which narrowed the definition of hemp to any substance with a total concentration of no more than 0.3% of any THC compound (federal law defines it as 0.3% of delta-9 THC only) Essentially, Bill 56 made any intoxicating hemp product “marijuana” and so any person desiring to produce or sell these intoxicating hemp products were required to be licensed. The preliminary injunction was granted on a dormant commerce clause theory that Ohio was discriminating against out-of-state companies desiring to do business in Ohio. Thereafter, Ohio appealed this preliminary injunction to the Sixth Circuit and this week filed a reply brief railing against the plaintiff’s arguments.

A copy of the State of Ohio’s brief can be found here.