Is There Anything NC Can Learn From Indiana’s Blocked Smokable Hemp Ban?

Email or call your lawmaker by Monday 10/28/2019 to ensure they know of this case!

On September 13, 2019, the Southern District Court of Indiana issued a preliminary injunction that prevents the state from enforcing portions of Senate Enrolled Act 516 that criminalizes the manufacture, financing, delivery or possession of smokable hemp. Speaking on the court’s ruling, US District Judge Sarah Evans Barker acknowledged “that the state may face additional challenges if possession of smokable hemp is legalized in Indiana.” However, she also wrote “the fact that local law enforcement may need to adjust tactics and training in response to changes in federal law is not a sufficient basis for enacting unconstitutional legislation.” https://tinyurl.com/INBlockedBan 

The National Law Review notes “It is important to remember that the Preliminary Order is not a permanent or “final” injunction and the Indiana Lawsuit is still ongoing.  But, the Preliminary Order is strongly worded and seems to forecast an ultimate outcome that favors the hemp and CBD industries.”

With regard to the prohibitions against possession of smokable hemp in NC SB315 – North Carolina Farm Act of 2019, The National Law Review notes that the bill “…adopts a definition of “smokable hemp” that differs from the definition of “hemp” set forth in the 2018 Farm Bill.  SB 315 classifies smokable hemp as “marijuana,” and in doing so, attempts to criminalize the manufacture, distribution, dispensing, delivery, purchase, or possession of smokable hemp in North Carolina.  These actions appear to be expressly preempted by Federal law. They also preclude the transportation of hemp or hemp products in or through North Carolina in direct contravention of the 2018 Farm Bill’s express prohibition on restricting the transportation of hemp and its derivatives in interstate commerce.  https://tinyurl.com/NatlLawReviewHemp” 

Actions:

  1. SB315 is now on the House Calendar for this Monday, 10/28/2019. If you would like to contact your NC House Rep and Senator to make them aware of this court decision, their contact information can be found here: https://www.ncleg.gov/RnR/Representation
  2. If you missed our first virtual Board Chat, you can catch the replay here https://youtu.be/gcivNEsMJPo?t=45

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