A federal judge has thrown out Indiana’s ban on smokable hemp, calling it unconstitutional for states to ban one type of hemp because they can’t easily distinguish it from marijuana.
The judge sided with the Midwest Hemp Council and seven Indiana hemp wholesalers that sued over Indiana’s July law banning smokable hemp products.
The hemp manufacturers argued that because the 2018 Farm Bill authorized all forms of hemp, states can’t keep one form of hemp illegal.
Smokable hemp flower is one of the most in-demand hemp products in the industry. But law enforcement officials in several states have complained that smokable hemp looks and smells too much like marijuana to adequately enforce.