BOISE, Idaho (CBS2) — A judge has denied a request to give back a Colorado-based CBD company "hemp" seized by Idaho State Police.
The 7,000 pounds of what the company says is legal industrial hemp that was seized last month by ISP at the East Boise Port of Entry during an inspection.
The judge states in the ruling that he believes that Congress intended for the federal government and states to come up with a regulation plan for hemp when it passed the 2018 Farm Bill, which has yet to happen.
In fact, because that plan doesn’t exist yet, there’s no way to determine if the product complies with the law or could even be defined as “hemp”. And therefore wouldn’t be entitled to interstate commerce protections.
The judge makes it clear that this ruling doesn’t impact the overall lawsuit and his final judgment.
“Because injunctive relief is an extraordinary remedy and only granted by a court under compelling circumstances, the Court must be satisfied that Plaintiff is likely to prevail on the merits of its claims about the legal status of the cargo and the meaning of the 2018 Farm Bill. To that end, the Court must carefully examine the underlying dispute between the parties over whether the cargo contains industrial hemp that is not a controlled substance, or something else, and whether interstate commerce protections under federal law preclude Idaho’s actions in seizing the cargo. In doing so, the Court concludes, for the reasons described to follow and only for purposes of deciding Plaintiff’s Motion for Preliminary Injunction, that Plaintiff is not likely to prevail on the merits of this lawsuit. Therefore, the Court denies Plaintiff’s Motion for Preliminary Injunction.”