‘Use Caution’ When Shipping Hemp Across State Lines

Despite the December passage of the 2018 Farm Bill, the legal status of hemp cultivation and transportation across the United States remains murky.

State legislators, federal regulators and law enforcement officials still are hurrying to put the necessary policies and procedures into place in the wake of the landmark legislation that changed the way hemp will be handled in this country. That means that companies that deal in the growing, shipping, or selling of hemp, particularly across state lines, must remain cautious and stay up-to-date on forthcoming changes in the law.

Signed into law in December 2018, the Farm Bill legalizes production of hemp nationwide and explicitly allows hemp to be transported or shipped across state lines. However, the mechanisms to regulate this interstate commerce still are being formed, so industry is operating in a sort of limbo, for now.

The Jan. 24 seizure by Idaho State Police of a 6,700-pound shipment of hemp from Oregon, where it was grown, to Colorado, where it was to be processed, is a stark example of the legal complications that companies face in these uncertain times.

We will continue to update you on the developments in this case as we pursue it on behalf of our client, in the ninth circuit.

Stoel Rives attorneys can advise clients on how to mitigate risk in this developing industry. If you have questions regarding compliance with state and federal hemp regulations, contact Elijah Watkins at elijah.watkins@stoel.com.