Update on Smokable Hemp in Indiana

On August 6, 2020, the Seventh Circuit denied the Petition for Rehearing regarding the pending smokable hemp litigation in Indiana. The practical impact of this denial means that Indiana will be free to prosecute farmers, small businesses and other entrepreneurs that grow and/or sell smokable hemp beginning on August 13, 2020.

This is certainly disappointing news for Hoosier farmers, who are licensed to grow 93 outdoor acres and 39,000 indoor square feet of smokable hemp, and other small businesses relying on one of the most lucrative markets during the global pandemic—not to mention those that have invested hundreds of thousands of dollars this growing season. The silver lining for the general industry is that the Seventh Circuit made it clear that individual states do not have the authority to interfere with the interstate transportation  of  hemp and hemp products.

We will continue to work with stakeholders to find a solution to ensure Hoosier farmers and small businesses have access to one of the most lucrative markets in the hemp industry. In the meantime, we encourage you to reach out to your state legislators to educate them on how criminalizing smokable hemp will negatively impact your operations.

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