HCR 28: Rescind portion of Executive Order 2025-05D re: intoxicating hemp
The Ohio General Assembly is rescinding a portion of a governor's executive order related to intoxicating hemp. The executive order allowed the Ohio Department of Agriculture to amend certain rules on an emergency basis. These amended rules prohibited the sale or display of consumer products containing intoxicating hemp during the emergency. Retailers were also required to segregate these products and dispose of them in a lawful manner. The Ohio General Assembly is now rescinding this portion of the executive order, effectively lifting the restrictions on the sale and display of consumer products containing intoxicating hemp.
| Oct. 21, 2025 | Introduced and Referred to Committee: Judiciary |
As Introduced
136th General Assembly
Regular Session
H. C. R. No. 28
2025-2026
Representative Fischer
A CONCURRENT RESOLUTION
To rescind a portion of Executive Order 2025-05D regarding intoxicating hemp.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING):
WHEREAS, Section 107.43 of the Revised Code gives the
General Assembly authority during a state of emergency to
rescind, in whole or in part, any order issued by a statewide
elected officer in response to a state of emergency, including
an order to authorize an agency to amend rules under division
(G) of section 119.03 of the Revised Code; and
WHEREAS, The Governor issued Executive Order 2025-05D on
October 8, 2025, declaring a state of emergency under section
3715.74 of the Revised Code regarding intoxicating hemp; and
WHEREAS, The Governor's executive order also allows the
Ohio Department of Agriculture to amend rules 901:14-1-01 and
901:14-2-01 of the Ohio Administrative Code on an emergency
basis under division (G) of section 119.03 of the Revised Code;
now therefore be it
RESOLVED, That we, the members of the 136th General
Assembly of the State of Ohio, hereby rescind the portion of the
Governor's executive order allowing the Ohio Department of
Agriculture to amend rules 901:14-1-01 and 901:14-2-01 of the
Ohio Administrative Code on an emergency basis under division
(G) of section 119.03 of the Revised Code; and be it further
RESOLVED, That we, the members of the 136th General
Assembly of the State of Ohio, hereby rescind the portion of the
Governor's executive order ordering and directing: that all
consumer products containing intoxicating hemp must be removed
from public display by all retailers; that no consumer products
containing intoxicating hemp may be sold or offered for sale
during the pendency of the emergency; and that any retailer who
possesses consumer products containing intoxicating hemp must
segregate these units from other merchandise and dispossess them
in a lawful manner, which includes but is not limited to
returning them to the manufacturer or supplier, or holding them
for disposition by law enforcement officers, officials of the
department of agriculture, or officials of local health
departments; and be it further
RESOLVED, That the Clerk of the House of Representatives
transmit a duly authenticated copy of this resolution to the
Governor.