Minnesota Hemp Driver Arrested and Charged With Marijuana Possession in South Dakota

A Minnesota driver who was delivering a consignment of industrial hemp to a processor in Minneapolis was arrested and charged with possession of marijuana and intent to distribute the drug. While the driver has since been released, the charges still stand and he is awaiting trial.

The Minnesota Hemp Association has voiced its protest regarding this incident, saying that South Dakota has acted in a way that blatantly violates the 2018 Farm Bill which legalized the cultivation, transportation, processing and sale of industrial hemp and its products throughout the U.S.

This case brings to light the importance of having uniform hemp laws in all states, because the authorities in South Dakota insist that the 300 pounds of hemp in the delivery truck are an illegal substance since South Dakota hasn’t yet passed a law to legalize industrial hemp. In their eyes, hemp and marijuana are one and the same thing, which explains why the driver is being charged with possession and intent to distribute marijuana.

It should be remembered that the South Dakota legislature debated and passed a hemp legalization bill at the beginning of this year. However, Gov. Kristi Noem vetoed the bill in March when it was taken to her desk for signing into law. The lawmakers have so far been unable to override this veto and South Dakota remains without a law legalizing hemp.

Noem insists that there is a lot that is still not known about hemp, so it would be unwise to legalize the plant without understanding the public safety threats that it poses and establishing mechanisms to mitigate those risks.

In the meantime, the 300-pound consignment worth $22,500 dollars remains in the custody of the South Dakota authorities and the total loss so far incurred by the hemp processor to whom the consignment was being taken is valued at $36, 000. This includes the cost of the shipment and the legal costs associated with this case.

Currently, 47 states across the U.S. have legalized industrial hemp, meaning that South Dakota is in a tiny minority of the states which are yet to bring their laws in compliance with the federal 2018 Farm Bill. A committee of lawmakers is studying industrial hemp in a bid to prepare for the 2020 legislative session when the matter will again come up for consideration before the Assembly. This committee will have to find responses to what the state governor calls “many question marks.”

It is widely believed that hemp industry actors like Earth Science Tech Inc. (OTCQB: ETST) and Geyser Brands Inc. (TSX.V: GYSR) are concerned about the arrest of hemp drivers and fear that the industry could be adversely affected if such arrests become more frequent.

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