‘Baffling’ smokable hemp ban in Indiana moves to federal appeals court

Indiana is making a “baffling” argument against smokable hemp as it tries to revive a ban ruled unconstitutional, a group of hemp wholesalers and retailers told a federal appeals court that’s been asked to intervene in the case.

The Midwest Hemp Council and seven Indiana hemp wholesalers are challenging the state’s attempt to revive a smokable hemp ban. Indiana passed the ban in July, but it was later put on hold by a federal judge.

Indiana is appealing that decision, saying that states are free to restrict hemp products. But the wholesalers argue that Indiana violates federal guarantees for the legal transportation of hemp through all states.

“This contention is baffling,” the companies wrote last week to the 7th Circuit Court of Appeals in Chicago, which is considering Indiana’s appeal.

“How can one transport smokable hemp through Indiana without possessing it?”

The court has set no deadline to consider the case.

The Indiana case is being watched closely by hemp producers nationwide because other states, including Texas and North Carolina, are looking at bans or limits on smokable hemp products.