As Introduced

136th General Assembly

Regular Session H. C. R. No. 28

2025-2026

Representative Fischer

A c o n c u r r e n t R E S O L U T I O N

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.