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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.