Department of Agriculture

United States Court of Appeals for the Seventh Circuit
C.Y. Wholesale v Holcomb, No. 19-3034 (July 22, 2020)
C.Y. Wholesale v Holcomb, No. 19-3034 (July 8, 2020)

Remanded to district court to determine whether Indiana Act 335, which allows only “the shipment of smokable hemp from a licensed producer in another state in continuous transit through Indiana to a licensed handler in any state” violates the federal Agriculture Improvement Act of 2018 (Farm Bill) express preemption clause, given that the Farm Bill places no such licensing limitation on the freedom to transport industrial hemp through states that regulate or prohibit its production.

Ind. Code § 35-48-4-10.1 "Dealing in smokable hemp; exception for transit through state"
Amended by P.L. 142-2020, SEC. 81.

Ind. Code § 35-48-1-26.6 "Smokable hemp"
As added by P.L. 190-2019, SEC. 30.