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USDA Memorandum Allows Interstate Hemp Transport

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WASHINGTON D.C. – A memorandum was issued on May 28, by U.S. Department of Agriculture General Counsel Stephen Vaden, which clarified that interstate transportation of hemp is allowed under the Farm Bill.

States and Indian tribes still have the right to regulate hemp in their own jurisdictions, but after implementation of new provisions of the 2018 Farm Bill, they will not be able to restrict transportation of hemp that is legally produced under 2018 and 2014 Farm Bill regulations.

The clarification was noted on several transportation industry news outlets, and the memorandum was posted at USDA.gov.

Issued by the Office of the General Counsel, the memo made four points, as follows:

It also was noted “hemp and hemp seeds” have been removed from the Drug Enforcement Administration’s list of controlled substances.

LandlineMag.com noted Counsel Vaden’s citation of two cases for his opinion. One case involves a commercial truck driver named Denis Palmarchuk, who is currently awaiting trial for illegal transport of a 6,700-pound cargo of hemp in Idaho. Palmarchuk was arrested in January and charged under stricter Idaho regulations, where laws do not distinguish between specific plant varieties, like hemp and cannabis.

Vaden disagreed with the Idaho magistrate’s opinion in that case, noting that the hemp was legally produced under the bill. He also pointed to another case, U.S. v. Mallory, in which courts allowed the transport of hemp over state lines by defendants.

Two other truckers currently are awaiting sentencing in Idaho after pleading guilty to reduced charges of possession of marijuana with intent to deliver. Erich C. Eisenhart and Andrew K. D’Addario were arrested in January for transporting 915 plants from a farm in Oregon, to a production facility in Idaho, and originally indicted by grand jury on marijuana trafficking with special circumstances involving more than 100 plants, which were knocked down as part of the plea deal. Eisenhart and D’Addario are scheduled to be sentenced on June 25.

In related news: Texas Republican Governor Greg Abbot today signed legislation that allows for the production and sale of hemp and CBD products. Texas House Bill 1325 allows the production, transportation, and sales of hemp products, effective immediately.

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