Legal Fights for the Hemp Industry to Consider

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, or 612-961-8112.

4749 Chicago Avenue, S., Suite 3C
Minneapolis, MN 55407

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