A massive federal agency claims Idaho can’t block hemp shipments.  Earlier this year, Idaho State Police seized a truckload of hemp after an out-of-state driver admitted he was hauling the load.  The driver also could spend five years in prison.  The law treats the hemp shipment the same as trafficking marijuana.  State Legislators failed to come up with a legal solution this spring. 

The United States Department of Agriculture (USDA) ruling applies to the Idaho case and others in several states where hemp remains illegal, however.

A ruling from a federal cabinet agency isn’t likely going to fall under the umbrella of the Supremacy Clause.  It’s related to laws running counter to federal laws and the Constitution.  At the moment, all we’ve got is an administrative ruling.

Legislators who backed legalizing industrial hemp have been pleading with the Ada County Prosecuting Attorney to drop charges against the truck driver.  The Prosecutor and State Police last week issued a joint statement and aren’t planning leniency.

The most recent federal farm bill opened the gates for states to legalize industrial hemp production.

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