Significant Sky Scientific of Aurora, Colorado, asked the 9th Circuit Court of Appeals to overrule an Idaho court that wouldn’t return roughly 7,000 pounds of hemp biomass seized by police in Ada County, Idaho. The hemp was grown in Oregon and bound for extraction in Colorado.
A 3-judge panel declined Significant Sky’s request Wednesday, saying the firm need to use Idaho courts to pursue its claim that interstate hemp transportation was assured in final year’s Farm Bill.
The selection does not imply that Significant Sky will not get its hemp back, just that federal courts will not interfere to speed the return.
Idaho officials argued in court that Significant Sky “jumped the gun” by shipping hemp via Idaho prior to the 2018 Farm Bill is completely implemented.
Although the law guarantees hemp transportation, the measure also stipulates it will not take impact till the U.S. Division of Agriculture sets guidelines for how to develop hemp and test its THC content material.
The Idaho selection is probably to retain hemp firms from moving the crop across state lines, although USDA guidelines required to implement it are anticipated this fall.
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