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Freight numbers not holding up to 2018's highs 6/19/2019 Truck safety group urges purges of drug abuse drivers 6/17/2019 Friday Short Haul - Self-driving certificate, truck platooning, trade war stacking up cargo 6/14/2019 HOS waiver coming soon for fireworks haulers 6/12/2019 FMCSA takes a further look at detention time 6/10/2019 Friday Short Haul - Autonomous delivery, HOS rules changes, CDL retest 6/7/2019 Roadcheck 2019 in effect this week 6/5/2019 Hemp arrest prompts USDA memo 6/3/2019 Friday Short Haul - Waymo big rigs, Move over sting, Under-21 comments 5/31/2019 Severe weather prompts renewed emergency declaration 5/29/2019 Memorial Day holiday is prime time for cargo thefts 5/25/2019 Friday Short Haul - Hauling hemp, road rage fatality, new rules for autonomous vehicles 5/24/2019 Autonomous trucks on USPS test run 5/22/2019 Future era of cab-less trucks will be the end of HOS rules 5/20/2019 Friday Short Haul - FMCSA under-21 comments, Tesla autonomous car crash, 24,000 drivers sign contract with YRC 5/17/2019 Under-21 interstate drivers getting serious look by FMCSA 5/15/2019 Trucker Buddy program matches drivers with a classroom; everyone wins 5/13/2019 Friday Short Haul - Driver awarded $80 million, ODFL driver wins, loading dock black hole 5/10/2019 Storm breaks out from Rockies, slams into Midwest, South 5/8/2019 Capacity issues have shippers looking at private fleets 5/6/2019 Friday Short Haul - HOS rules, dark skies, Falcon drivers 5/3/2019 'Bug' permits now required for four eastern states 5/1/2019 Simulator use is catching on for schools, carriers 4/29/2019 Friday Short Haul - Thinking electric, Penske opens charging station, border crossing crisis, railroads taking trucking business 4/26/2019 ELDs might not be the panacea that was hoped for 4/24/2019 Truck drivers may soon see "phantoms" driving yard trucks 4/22/2019 Friday Short Haul - Nikola big rigs, WIT welcomes Peterbilt, Oregon crashes, Border crossings 4/19/2019 Carriers claim financial benefit of putting up drivers in hotels 4/17/2019 Uber's IPO application reveals interesting data about its freight brokerage business 4/15/2019 Friday Short Haul - CDL examiner arrested, tolls proposed for trucks, marijuana use on the rise 4/12/2019 Smart Load Board will get carriers the loads they need 4/10/2019 Huge lines and long wait times greet carriers at Mexico border 4/8/2019 Friday Short Haul - Marijuana, ATA campaign, personal conveyance rules 4/5/2019 Over-the-air downloads revolutionize parameter updates 4/3/2019 Don't get scammed by skimmers 4/1/2019 Friday Short Haul -- New Cascadias honored, motorist survey, U.S, Xpress awarded, rest stop parking 3/29/2019 Legislators address underride collisions, propose more underguards for trucks, trailers 3/27/2019 Motorists soon may encounter a different kind of truck convoy 3/25/2019 Friday Short Haul -- Women in Trucking, irate motorist, FMCSA eases HOS, Safe-Cap 3/22/2019 Recent survey shows cost of roadside repairs is rising 3/20/2019 FMCSA announces drug and alcohol clearinghouse website 3/18/2019 Friday Short Haul - Swift settlement, driver shortage myth, TCA Best Fleet award 3/15/2019 The hidden danger of looking but not seeing 3/13/2019 Accident scammers target trucks for financial payout 3/11/2019 3/9/2019 3/9/2019 Friday Short Haul - Snow on the roof, bypassing toll road, Waze under fire 3/8/2019 Retailers blame driver shortage for price increases 3/6/2019 Drivers' smartphones may be clue to road roughness 3/4/2019 Friday Short Haul -- Freight rates, HOS changes, tonnage reports 3/1/2019 New tax changes hit drivers hard 2/27/2019 FMCSA to implement under-21 interstate driver program for former military 2/25/2019 Friday Short Haul -- Connecticut tolls proposed, hydrogen fuel-cell trucks, cell phone use 2/22/2019 Congress committee looks at state of America's highways 2/20/2019 Number of cargo thefts is down; but dollar value about the same 2/18/2019 Friday Short Haul -- Crossing the border, CA sues FMCSA, Lobbying against larger trucks 2/15/2019 Detention - A problem still in search of a solution 2/13/2019 February Highway Angels honorees named 2/11/2019 Friday Short Haul -- C.R. England announces pay raises, eCommerce impact on trucking, TCA announces best fleets 2/8/2019 Is a guaranteed minimum pay the solution to the driver shortage? 2/6/2019 Long CDL testing wait times cost economy billions of dollars; not helping driver shortage 2/4/2019 Friday Short Haul -- Walmart hiring, Uber Freight App, Speed-limiter Law, America's Road Team 2/1/2019 Cranking -- The Good, The Bad, and the Ugly 1/30/2019 California survives challenge to its low-carbon fuel standards 1/28/2019 Friday Short Haul - Highway robbery ... autonomous trucks ... new trailers 1/25/2019 LithiumHub enters jump-starter market with Jumpbooster JP30 1/23/2019 2019 Looks Good For The Transportation Industry 1/21/2019 Raymond Burt named TMC Trainer of the Month for February 2018 3/28/2018 TMC Transportation Announces Recipient of Prestigious Wheel Master Award 3/7/2018 TMC Transportation Named The Home Depot’s Flatbed Carrier of the Year For Fourth Straight Year 2/28/2018 Pay Raises & New Peterbilts for PAM Drivers 2/26/2018 New DOT Drug Testing Rules Effective Jan 1, 2018 1/11/2018 Amtrak Derailment: Trucks Haul 270,000 Pound Locomotive Engine During Cleanup 12/21/2017 Pepsi Places Largest Order Yet For Tesla Electric Trucks 12/12/2017 Kavin Hallett named Trainer of the Month for October 2017 12/8/2017 Over 100,000 Truck Drivers Likely Have Undiagnosed Sleep Apnea And More Testing Is On The Way 8/10/2017 Drivers Share Their Best Tips, Tricks, And Secrets For Life On The Road 7/18/2017 Drivers Are Losing Money By Taking The Wrong Approach 7/13/2017 Truckers and Guns: What Is and Is Not Legal 7/6/2017 Preparing To Go Solo For The First Time? Experienced Drivers Share Their Best Advice 6/29/2017 The Truck Stop Survival Guide: Advice From Experienced Drivers 6/15/2017 The Worst Cities For Traffic In The U.S. For 2017 6/8/2017 We Ask Drivers How They Would Make The Logbook Rules Better 5/30/2017 Self Driving Trucks Are Not Coming Anytime Soon 5/25/2017

Hemp arrest prompts USDA memo

Dave Wickenhauser on Mon, June 3, 2019

Last Updated: Sun, June 2, 2019


Industrial hemp being prepared for transport

In response to the large amount of publicity given to a truck driver being arrested in Idaho for legally transporting a hemp load the United States Department of Agriculture released a statement last week clarifying that hemp is no longer subject to the Controlled Substance Act and thus can be legally transported.

In its "Legal Opinion on Authorities for Hemp Production" dated May 28 the USDA stated that as of the enactment of the 2018 Farm Bill last December that states and Indian tribes may not prohibit the interstate transportation or shipment of hemp that is lawfully produced.

Furthermore, the memo notes that states and Indian tribes cannot prohibit transport of hemp under the 2014 Farm Bill either.

USDA General Counsel Steven Alexander Vaden, the author of the USDA memorandum to the Secretary of Agriculture, admits that "this conclusion is in tension with a recent decision in a case in the District of Idaho."

In that incident truck driver Dennis Palamarchuck, driving for VIP Transport out of Portland, Oregon, was pulled aside at an Idaho weigh station and arrested for transporting a load of hemp to be delivered to Big Sky Scientific LLC, Colorado.

Although the hemp destined for Colorado was legally produced under Oregon state law, Idaho authorities deemed the load to be marijuana as soon as Palamarchuck's truck crossed state lines, under a technicality of their interpretation of the 2018 Farm Bill.

Idaho claims that because Oregon law was written under the authority of the 2014 Farm Bill and has not been revised to reflect changes under the 2018 Farm Bill any transportation of hemp through Idaho from Oregon is classified as marijuana and is illegal.

Big Sky Scientific has filed suit against the Idaho State Police, Ada County and attorney Jan M Bennetts, seeking release of the plants, amounting to about 6,700 pounds worth.

The case is now under review by the 9th U.S. Circuit Court of Appeals, but a federal magistrate has already ruled to deny a preliminary injunction by Big Sky Scientific.

Vaden said, "USDA is not a party in the Big Sky case, and this office does not concur with the reasoning of the magistrate regarding the shipment of hemp lawfully produced under the 2014 Farm Bill."

In his memorandum, Vaden pointed out that the 2018 Farm Bill does not infringe on state's rights to regulate the production of hemp.

"It is important for the public to recognize that the 2018 Farm Bill preserves the authority of States and Indian tribes to enact and enforce laws regulating the production of hemp that are more stringent than Federal law. Thus, while a State or an Indian tribe cannot block the shipment of hemp through that State or Tribal Territory, it may continue to enforce State or Tribal laws prohibiting the growing of hemp in that State or Tribal Territory," he wrote.

The removal from hemp and hemp seeds as a Schedule 1 narcotic under the Controlled Substances Act has created a growing demand for the plant as an ingredient in industrial and consumer goods – particularly in an increasingly popular product called CBD oil.

Although hemp and marijuana are both classified as "cannabis" only marijuana contains enough of the THC chemical to warrant its classification as a controlled substance.

The Palamarchuck arrest is not the first time that Idaho took a strong stance against transport of industrial hemp. In April of last year authorities arrested Andrew D’Addario and Erich Eisenhart and charged them with drug trafficking charges for hauling a shipment of industrial hemp to Oregon from Colorado.

Those charges contained a mandatory minimum five-year sentence, but the men have pleaded down to the lesser charge of possession of a controlled substance with intent to deliver; which doesn't have a mandatory minimum. Sentencing is set for this month.

Sources: USDA, USDA, HDT, Transport Topics

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