A federal judge in Indiana ruled last week that the state’s law banning smokable forms of hemp is unconstitutional and has issued a preliminary injunction prohibiting enforcement of the statute. In a ruling issued on September 13, Judge Sarah Evans Barker of the Southern District of Indiana said that Indiana’s law prohibiting the manufacturing, financing, delivery, and possession of smokable hemp is preempted by federal law.
Barker wrote in her ruling that enforcing the law would cause “irreparable harm in the form of a credible threat of criminal sanctions” without a preliminary injunction.
The federal government legalized hemp and removed the crop and all hemp products from the nation’s list of controlled substances with the passage of the 2018 Farm Bill in December. But when Indiana passed Senate Bill 516 earlier this year to regulate hemp agriculture in the state, it included the ban on smokable forms of hemp flower.
Smokable Hemp Confusing Cops
The legalization of hemp has led to a proliferation of smokable products that are generally rich in CBD, including dried hemp flower and pre-rolled joints. But the immense popularity of the products has led some states to ban smokable forms of hemp, arguing that law enforcement cannot readily