Montgomery, Ala. (WDNews) – Four hemp companies have sued Alabama Gov. Kay Ivey and Attorney General Steve Marshall over the state’s new hemp law, claiming it is illegal, in contradiction with federal law, and could result in felony charges against them beginning July 1.
The Montgomery County Circuit Court case aims to prevent House Bill 445 from being implemented. The statute illegally prohibits federally permitted hemp goods like smokable hemp and synthetic cannabinoids, according to the plaintiffs Mellow Fellow Fun LLC, Tasty Haze LLC, The Humble Hemp Shack LLC, and Seedless Green LLC.
Lawyers contend that HB 445 is in violation of the 2018 Farm Bill, which protected the interstate transportation of hemp products with less than 0.3% THC and allowed their use. The state bill would make it a Class C crime to carry or possess specific products that comply with federal regulations, putting transporters and business owners at danger of punishment, according to court records.
Additionally, the plaintiffs claim that the law is excessively ambiguous. They contend that it is challenging for companies and law enforcement to identify which hemp products are prohibited by the statute due to ambiguous terminology. According to the lawsuit, goods including hemp flowers, teas, and topicals can be illegal if they are thought to be synthetic or smokable.
Citing violations of the Due Process and Dormant Commerce Clauses of the U.S. Constitution, the action argues that the statute’s ambiguity invites arbitrary enforcement.
In order to prevent the law from going into force on July 1, the plaintiffs are requesting an emergency restraining order. In addition, they want reimbursement for legal expenses, a permanent injunction, and a ruling that the statute is superseded by federal rule.
The smokable hemp ban is one of the components of HB 445 that will go into effect on Monday after Governor Ivey signed it into law in May. According to a public statement from the Alabama Attorney General’s Office, anyone caught in possession of prohibited goods could be charged with a felony.
WDNews will keep an eye on this case’s progress.
