As noted by the Commercial Carrier Journal, drivers face potential criminal action if they navigate through a state that doesn’t have clear hemp rules in place that align with the Farm Bill of 2018. If a state law does not allow hemp, our Los Angeles hemp lawyers would advise farmers and carriers to map their routes accordingly.

There are published cases of at least half a dozen drivers over the last 18 months being arrested and charged with felony counts of marijuana trafficking and distribution. There are also many cases of drivers hauling hemp that is mistaken for marijuana.

Among some of these cases:

• A 39-year-old driver in Texas was arrested by the by a state trooper for hauling some 3,350 pounds of product authorities mistook for marijuana. He was jailed for nearly a month on federal marijuana trafficking, his haul seized. The man was later released, but only after state lab test results concluded the substance was hemp – not marijuana. The stipulation being that hemp contains less than 0.3 percent THC. Texas is still in the process of creating regulation for hemp transportation and farming.
• The New York Police Department confiscated more than 100 pounds of what they believed to be marijuana and arrested the driver on marijuana trafficking charges. The officers tested the plant material at the scenes and the tests reportedly came back positive. However, defense lawyers say police used an outdated testing method. More in-depth testing proved it was hemp.
• A trucker from Oregon on his way to Colorado last year was arrested by Idaho officials who stopped him at a weigh station and crowed the 7,000 pounds of plant material seized amounted to the “biggest drug trafficking bust in state history.” In reality, what the driver was hauling was hemp, as proven later by tests – a substance that had just been made legal by the 2018 Farm Bill. However, because Idaho hadn’t yet changed its laws pursuant to the federal law, transport of hemp through that state was still illegal. He and two other truckers arrested under similar circumstances faced up to five years in prison. They ultimately had their felony charges reduced to misdemeanors and their sentences suspended for time-served, but they will have to serve two years of unsupervised probation and pay more than $5,000 in fees. One driver’s cannabis company employer is now suing the state.

Part of the problem with law enforcement, in addition to possible outdated testing methods, is that the plant looks and smells virtually indistinguishable from high-THC-concentrated marijuana. This makes sense because both are cannabis plants.

Although the intent of the 2018 farm bill is to assure unfettered transport of hemp, carriers and truckers may not want to take chances while some of these matters are still pending at the state level, particularly as courts in a few of these cases have sided with the state. It’s generally advisable for companies that haul hemp across state lines to verify the state laws in every state through which their load will be traveling. Carry a copy of the grower’s license so you are assured the product was legally grown – and you can prove it.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Hauling hemp, though technically legal, still comes with risk — for now, Sept. 27, 2019, By Matt Cole, Commercial Carrier Journal

This may seem a bit confusing, given that section 10114(b) of the 2018 Farm Bill expressly states that no state or Indian Tribe has the authority to bar transportation or shipment of hemp or hemp-derived products across boarders, so long as the products meet the criteria of section 10113.

Straightforward, right?

Why Interstate Hemp Shipping Requires Caution

The problem, as our Los Angeles hemp business attorneys can explain, is that the protection provided herein to hemp farmers and distributors has to do with the fact that last year’s Farm Bill section on hemp transportation is expressly contingent on the previous section. That provision requires federal oversight of hemp production by the USDA, responsible for rubber-stamping state and Native American Tribal regulatory systems that cover hemp production. Such plans must by law be submitted to the federal agency. If a state hasn’t already approved hemp farming, it is to use the framework drafted by the USDA.

Yet so far, the federal government hasn’t approved any state plan, nor has it crafted its own for states with no hemp law. That could change; the USDA hasn’t expressly refused to do this. However unless and until it does, it’s important to bear in mind that hemp and its CBD oil extract are still considered a Schedule I narcotic under the Controlled Substances Act – especially since the U.S. Drug Enforcement Administration issued a new rule expressly indicating hemp and its derivative products are also to be grouped with the THC-containing marijuana.

That doesn’t necessarily mean the government will crack down on hemp distributors sending products to other states, but it means there is still the potential. Consulting with an experienced Los Angeles hemp business attorney can help you determine what specific federal and state statutory provisions might impact your operation and what measures will help ensure a strong argument for a good faith effort to comply with the letter and spirit of the law.

Helpful Arguments for Interstate Hemp Sales

In December, an administrative law judge ruled products containing 2014 Farm Bill-Compliant industrial hemp are allowed to be distributed by mail.

Another point in California hemp farmers’ favor is that it appears to have been the intent of Congress to allow hemp and related products to be sold commercially. Not only did the 2018 Farm Bill expressly remove hemp from the definition of marijuana, it also made it a federal commodity eligible for federal crop insurance. That could be a point worth making if an operation that grows, manufacturers, distributes or markets hemp could make if they did end up before a judge.

Meanwhile, there in the case of Big Sky Scientific LLC v. Idaho State Police, a hemp manufacturer is suing for the return of 7,000 pounds of hemp seized from the company truck by state troopers. The driver was arrested and charged with a felony. Plaintiff asserts that the cannabis on that truck was in fact hemp (a nonpsychoactive cousin of marijuana) and that hemp is legal under the 2014 Farm Bill (with protections broadened under the 2018 Farm Bill). In addition to compensation for monetary losses, plaintiff wants the law enforcement agency to apologize.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. Additional Resources: Hemp or pot? Cannabis company sues over seizure of truck in Idaho, Feb. 13, 2019, MarketWatch More Blog Entries: California Cannabis Asset Protection When Commerce is All Cash , Feb. 12, 2019, Los Angeles Hemp Lawyer Blog