Indiana’s law criminalizing smokable hemp has been extinguished, at least temporarily. A federal court in Indianapolis found a group of hemp businesses made convincing arguments that the federal Farm Bill of 2018, expanding the definition of hemp and removing the plant from the federal schedule of controlled substances, pre-empted the state statute.
A group of Indiana hemp businesses and the Midwest Hemp Council filed a complaint for declaratory and injunctive relief against the state of Indiana challenging the constitutionality of state statute regarding hemp flower. The case was filed in the U.S. District Court for the Southern District of Indianapolis as Case No. 1:19-CV-2659, C.Y. Wholesale Inc. et al. v. Eric Holcomb, Governor in his official capacity, et al.
Plaintiffs are: The CBD Store of Fort Wayne, LLC, Indiana CBD Wellness Inc., C.Y. Wholesale Inc., Indy E Cigs LLC, 5 Star Medicinal Products, LLP, Dreem Nutrition, Inc., and El Anar, LLC.
The court found the plaintiffs would suffer “irreparable harms.” These included the threat of criminal prosecution that would impact their ability to procure a license to grow or handle legal hemp, and the loss of an “untold amount” of profits.
Below are the original filing and the judges ruling in favor of the plaintiffs.
Complaint for Declaratory and Injunctive Relief Challenging the Constitutionality of State Statute
Order Granting Plaintiffs’ Motion for Preliminary Injunction