Yo, check it out! A group of dope hemp growers and manufacturers up in Alaska just filed a lawsuit against the state, yo! They say that the new hemp regulations are straight-up unconstitutional and go against federal law, man. These new rules were approved in October and just came into effect last week. They’re all about trying to regulate those intoxicated hemp products, you feel me? The lawsuit was filed by some dope plaintiffs, including the Alaska Industrial Hemp Association and four businesses. They took it to U.S. District Court in Anchorage and are suing the Alaska Department of Natural Resources (DNR), its commissioner, the state director of agriculture, and even Lt. Gov. Nancy Dahlstrom, man.
Now here’s the dealio: back in 2018, they passed this Farm Bill that made hemp legal across the whole freakin’ country! They defined hemp as cannabis with a THC concentration of 0.3% or lower, bro. But check this out, under Alaska’s new rules, the DNR can’t approve any industrial hemp product that has delta-9-THC in it. That’s harsh, man!
There are some peeps out there who think these rules are goin’ too far, yo! They’re sayin’ that it’s gonna totally kill the hemp industry up in Alaska. Christopher Hoke, an attorney representin’ the plaintiffs in this lawsuit, straight-up said that almost all of the state’s hemp products will become illegal because of these whack regulations. We’re talkin’ beverages, gummies, and other edibles, man!
Hoke ain’t havin’ it though. He told the media that he’s filed for a temporary restraining order to stop these new regulations from bein’ enforced while they go through the whole legal process. He’s tryna get this thing movin’ real fast, you know what I’m sayin’?
In the complaint they filed, Hoke argues that these new rules are violatin’ the commerce clause in the U.S. Constitution. Basically, he’s sayin’ that all hemp is legal on a federal level, and you can’t mess with it when it’s flowin’ through interstate commerce. The complaint straight-up says that these new regulations are goin’ against federal law, man.
Now let’s hear what some industry experts gotta say about this legal action, yo! Michelle Bodian, a partner at a cannabis law firm called Vicente LLP, broke it down for us. She said that this lawsuit brings up some of the same issues as another case filed in Florida last week. She’s talkin’ about how these Alaska regulations mess with interstate commerce and violate the 2018 Farm Bill and the Constitution’s dormant commerce clause. She even mentioned that federal law should be more important than state law in this situation. It’s hard to say if they’ll win or not, but so far, she thinks they got a better chance of winning than losin’.
The U.S. Hemp Roundtable, which is a national trade group for the hemp industry, is totally backin’ this lawsuit too! Their general counsel, Jonathan Miller, says that these regulations are just goin’ too far and puttin’ the whole hemp industry at risk. He’s sayin’ that Alaska tryna ban products with any THC from bein’ sold is makin’ it impossible for safe and healthy hemp and CBD products to be out there. It’s like they tryna get rid of their competition while pretendin’ they’re protectin’ consumers, man!
But yo, there are some folks in Alaska’s regulated cannabis industry who actually support these new regulations on hemp products. They’re sayin’ that it’s gonna keep those intoxicating products away from minors and make sure that all the sellers are followin’ the same regulations as THC products. They even think it’ll help the state get more tax revenue, bro!
The lawsuit is in the hands of Judge Sharon Gleason right now. She hasn’t made a schedule for the written arguments on the restraining order yet. But Hoke, the attorney for the plaintiffs, thinks they gonna win this thing, man. He’s sayin’ it should go their way, and I guess we’ll just have to wait and see.
Stay tuned for updates on this wild ride, my dudes!