February 08, 2019

Hemp Battle in Idaho

While Hemp Supporters will always remember the moment that the 2018 Farm Bill became law, there are unfortunately a number of local law enforcement officials that haven’t gotten the memo yet.

In recent weeks, large shipments of hemp were seized by police officers in Oklahoma and Idaho, claiming that the payloads consisted of marijuana. Idaho officials, indeed, said that the content doesn’t matter – since hemp is a controlled substance in the Potato State, hemp legally grown in Oregon cannot be transported through Idaho to processors in Colorado. But that’s not what Congress intended in the 2018 Farm Bill.

While the legislation did not interfere with individual state’s rights to regulate the production and use of hemp or its products within the state, it was intended to allow the shipment of hemp, as an agricultural commodity through any state so as to allow it to reach a destination where it may be used to produce products in accordance with the regulations of the recipient state.

Accordingly, the Roundtable counsel, Frost Brown Todd’s Dick Plymale, Jonathan Miller and Nolan Jackson, filed yesterday this “friend of the court” brief to set the record straight. Accompanying their brief was a letter from hemp hero Rep. James Comer who reiterated Congress’ intent to allow for the interstate transport of hemp. Comer should know — he was the lead sponsor of the House version of the Hemp Farming Act and served on the House/Senate conference committee.

We will keep you up to date as the litigation progresses.