1. It is illegal to count THC-A to calculate 0.3%. Why? Neither the 2018 Farm Bill nor the Minnesota statute define hemp based on THC-A content. Rather, each statute only defines hemp with regard to Delta-9 THC. While regulations may count THC-A as a factor, there is an argument that regulators may not be more stringent than the statute(s).

2. Forcing a hemp farmer to burn his/her hot crop is illegal. The Farm Bill and Minnesota statute speak of destroying and/or disposing of hot crops. “Remediating” a crop and/or product, however, could be a form of destroying and/or disposing of a crop.  Forcing a farmer or anyone else to simply trash their product, however, could constitute a wrongful taking for which the government may owe compensation.

3. Probable cause to search based on a smell is illegal. Hemp smells like marijuana. There is no longer any basis for law enforcement to search based on a smell, which could be wafting from 100% legal hemp flower.

These are things that make me go hmmmm. If you’d like to discuss these thoughts or anything else related to hemp and marijuana, contact Jason Tarasek, jason@minnesotacannabislaw.com or 612-961-8112.