Hemp transportation has turn out to be a hot subject as the clash among federal and state laws produce confusion for each law enforcement as effectively as hemp corporations. Far more discussion is necessary among the two sides to clarify how industrial hemp can be transported among states.
Legal Status for Transport of Hemp Remains Confusing
By Eric Miller
The 9th U.S. Circuit Court of Appeals has agreed to hear a legal challenge to the arrest of an Oregon truck driver and seizure of a six,700-pound load of hemp getting transported by means of Idaho.
The legal case, believed to be the 1st of its sort because new legislation created industrial hemp legal, pits the federal law permitting production and transport of hemp against an Idaho statute that defines hemp as an illegal substance.
The legal fight started in late January when Idaho State Police detected a powerful smell coming from a box van trailer in the course of a routine roadside inspection close to Boise. Believing the load to be marijuana, police arrested the driver, Denis Palamarchuk, 36, of Portland, on felony marijuana trafficking charges. Authorities also confiscated the load of hemp owned by Huge Sky Scientific of Aurora, Colo., the load’s location.
While various subsequent lab tests of the substance showed it to be legal industrial hemp as defined in the 2018 Federal Farm Bill signed into law by President Donald Trump in December, the state of Idaho deems hemp and marijuana illegal substances.
Huge Sky paid for the driver to be bailed out of jail on a $100,000 bond, and final month the firm filed a federal lawsuit searching for to force prosecutors to return its hemp. Nevertheless, Ada County prosecutors declined to dismiss the case against the driver or release the hemp, and a federal judge agreed.
“In sensible terms, the 2018 Farm Bill distinguished industrial hemp from marijuana, added industrial hemp to the list of agricultural commodities and removed industrial hemp from federal controlled-substance schedules,” mentioned Ronald E. Bush, chief U.S. magistrate judge of the District of Idaho. “Though the 2018 Farm Bill removes industrial hemp as a controlled substance beneath federal law, states and Indian tribes nonetheless might declare it to be a controlled substance beneath state or tribal law. Idaho does not distinguish industrial hemp from marijuana each are controlled substances beneath Idaho law.”
But on Feb. 20, the 9th Circuit agreed to hear oral arguments in the case, which could come as early as late April.
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It is clear that Hemp transportation will continue to be an concern at least for the close to term.