2018 Farm Bill Prompts State’s Rights Issues

2018 Farm Bill Prompts State’s Rights Issues

After considerable due diligence, Idaho legalized industrial hemp production in April 2021.  Idaho was the 50th state to do this following the 2018 Farm Bill.  Many readers will remember the Big Sky Scientific trucking incident in Idaho in January 2019, when over 3 tons of Oregon-grown cannabinoid hemp were discovered by Idaho State Police, as the load traversed the state to reach Montana.  

January 2019 was well before the proverbial hemp memo got to law enforcement agencies around the US.  The Idaho State Police considered this an epic illicit drug bust, so the truck occupants were arrested, and the cannabis was impounded.  At the time, Idaho had no laws on the books for industrial hemp, and the Idaho Police signaled that they were justified in their seizure.  

This was later held up in Idaho state courts. Attempts by Big Sky to be heard in a federal court were rejected by a ninth circuit panel.  The company’s…

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