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USDA Says Police Can’t Prohibit Hemp from Being Transported

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By James Dawson, Associated Press

(AP) — The U.S. Department of Agriculture says states can’t block the interstate transportation of hemp.

Hemp doesn’t get a person high, but it still contains trace amounts of the chemical THC, which is found in marijuana.

The USDA released a memo saying states can’t block any interstate shipment because hemp was legalized under the 2018 Farm Bill. That opinion isn’t legally binding.

Part of the memo states:

  • As of the enactment of the 2018 Farm Bill on December 20, 2018, hemp has been removed from schedule I of the Controlled Substances Act and is no longer a controlled substance.
  • After USDA publishes regulations implementing the new hemp production provisions of the 2018 Farm Bill, States and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under a State or Tribal plan or under a license issued under the USDA plan. 

But an Idaho State Police spokesperson says they will continue to make arrests and confiscate hemp while enforcing Idaho law, Boise State Public Radio reports.

The spokesperson said federal rules need to be updated to take effect, but the USDA memo says they’re essentially in effect because the bill passed Congress and was signed into law by President Donald Trump last year.

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