Judge Halts Indiana's Ban On Smokable Hemp

Nina Zdinjak
September 18, 2019

Smokable hemp can’t be easily distinguished from marijuana, which has led some states to consider a ban on the substance. 

Indiana was one such state, with Gov. Eric Holcomb signing a law banning smokable hemp. This triggered a lawsuit signed by seven wholesale hemp companies, including The CBD Store of Fort Wayne; El Anar; Indiana CBD Wellness; C.Y. Wholesale; Indy E-Cigs; 5 Star Medicinal Products; and DREEM Nutrition.

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The lawsuit reached a federal judge who, according to Hemp Industry Daily, discarded Indiana’s ban on smokable hemp, declaring it unconstitutional in a Sept. 13 decision. 

U.S. District Judge Sarah Evan Barker said that a difficult task of distinguishing marijuana from hemp is not enough a reason to consider proposing unconstitutional legislation. 

“The fact that local law enforcement may need to adjust tactics and training in response to changes in federal law is not a sufficient basis for enacting unconstitutional legislation,” Barker wrote in the order. 

The judge had issued an immediate injunction blocking the law, according to Hemp Industry Daily. 

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