Big 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 three-judge panel declined Big Sky’s request Wednesday, saying the company must use Idaho courts to pursue its claim that interstate hemp transportation was guaranteed in last year’s Farm Bill.
The decision does not mean that Big Sky won’t get its hemp back, just that federal courts won’t interfere to speed the return.
Idaho officials argued in court that Big Sky “jumped the gun” by shipping hemp through Idaho before the 2018 Farm Bill is fully implemented.
The Idaho decision is likely to keep hemp companies from moving the crop across state lines, though USDA rules needed to implement it are expected this fall.
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