Idaho judge rules against return of hemp seized as marijuana
A truckload of what Idaho police believed to be marijuana is industrial hemp, but a judge has ruled the material will not be returned.
The Idaho Statesman reports a federal judge approved the release of test results Friday that determined the exact nature of 7,000 pounds of a green substance confiscated by Idaho State Police in January.
Yet the judge ruled against a lawsuit filed by Big Sky Scientific of Aurora, Colorado, for release of its hemp and truck.
The 2018 U.S. Farm Bill legalized growth and sale of industrial hemp, as long as it has less than .3% concentration of THC, the psychoactive component in cannabis.
In Idaho, hemp remains illegal regardless of its THC concentration and possession carries the same legal penalties as marijuana.
The Idaho State Police and Ada County Prosecutor Jan Bennetts have released the following statement:
The Idaho State Police, Ada County Prosecutor’s Office and our law enforcement partners work diligently each day to handle each case in an ethical and appropriate manner. We will always listen to the concerns of citizens and those interested in the outcome of cases.
Those who signed the petition that has recently circulated and citizens interested in the outcome of those recently publicized cases can be assured that we are listening and have heard your concerns.
The Ada County Prosecutor’s Office is prohibited from negotiating the resolution of cases through the media, or with others who do not legally represent the parties. The case investigated and submitted to our office, by the Boise Police Department, following the arrests of two defendants occurred over a year ago and prior to the passage of the 2018 Farm Bill. These two defendants are out of custody, represented by counsel and pending sentencing on reduced charges. The case investigated by the Idaho State Police in January 2019 is pending and our ability to comment is limited. The defendant is out of custody and represented by counsel.
The 2018 Farm Bill’s intent of allowing the interstate transportation of hemp will only be realized once there is a regulatory system in place. As of this date, that system has not been developed in any state – including Idaho – and is therefore not currently in effect. As a consequence, hemp is not legal in Idaho.
We understand the desire to provide a legal pathway for an alternative crop for Idaho’s farmers and for those who transport it across state lines. We are currently conducting research and working to develop a solution. We continue to be committed, as we have been, to establishing a legal framework to provide a solution to this issue going forward. Those of us who enforce Idaho’s laws are bound by the laws which currently exist, not those which may exist at some future date.
