Sooner Politics.org
  • Front Page
  • Oklahoma News
    • Oklahoma Reports
    • OCPAC
    • Oklahoma Constitution News
    • Citizen of the Year
    • Oklahoma History
    • Today, In History
    • Oklahoma Center Square
    • Faked Out Sports
    • AP Wire
    • NewsBreak Oklahoma
    • Inside the Capitol
    • Lawton Rocks
    • Muskogee Now
    • OSU Sports
  • Podcasts
  • SPTV
    • Fresh Black Coffee, with Eddie Huff
    • AircraftSparky
    • Red River TV
    • Oklahoma TV
    • E PLURIBUS OTAP
    • Tapp's Common Sense
  • Editorial
    • From the Editor
    • Weekend Report
    • 3D Politics
    • Reagan Speaks
  • Sooner Issues
    • Corruption Chronicle
    • Constitutional Grounds
    • State Groups
  • Sooner Analysts
    • OCPA
    • Muskogee Politico
    • Rooke Report
    • SoonerPoll
    • Everett Piper
    • Andrew Spiropoulos
    • Tulsa Devil's Advocate
    • Eddie Huff & Friends
    • 1889 Institute
    • Steve Byas
    • Michael Bates
    • Steve Fair
    • Josh Lewis
    • Tulsa Today
    • OK2A
    • Dr. Jim Meehan
    • AFP Oklahoma
    • Sooner Tea Party
  • Nation
    • Bongino Report
    • Breitbart News
    • Daily wire
    • Steven Crowder
    • InfoWars News
    • Jeff Davis
    • Alex Lains
    • The F1rst
    • Nigel Farage
    • NewsMax
    • America's Voice
    • Ron Paul Institute
    • Bill Gertz
    • Emerald
    • Just the News
    • Trey Gowdy
    • Fox Politics
    • National Commentary
  • Wit & Whimsy
    • Libs of Tiktok
    • It's Still The Law
    • Terrence Williams
    • Witty Cartoons
    • Will Rogers Said
    • Steeple Chasers
    • The Partisan
    • Satire
  • SoonerPolitics.org

Feds Legal Opinion Scolds Pawhuska Police

7/8/2019

Comments

 

Feds Say Pawhuska Cops Cannot Inhibit Kentucky Licensed Hemp Commodities

  The legal office of the US Dept of Agriculture gave a red light to the Pawhuska Police dept. and District Attorney Mike Fisher. At the same time, the state of Colorado and the medical company who purchased the truckload of industrial hemp got a green light to file a federal lawsuit against the state of Oklahoma and the city of Pawhuska for the actions of the local police, last January.  District Attorney Mike Fisher (just sworn in on January 1st) is seeking a life sentence for 2 of the 4 members of the trucking entourage.
  Fisher believes his confiscated payload is not legal industrial hemp because some preliminary field tests could not guarantee that it's THC content is limited to 0.3% .  Fisher's rationale is that any exceedance of 0.3% then turns the payload into a Schedule 1 federally banned substance, without an Oklahoma Medical Marijuana Business license. Oklahoma House Majority Floor Leader, Jon Echols, wrote the state legislation on industrial 'trace' hemp which DA Fisher is supposed to be enforcing.
Picture
The US Dept. of Agriculture weighed in on the interstate commerce protections of industrial hemp. DA Mike Fisher is getting boxed in.

Read our February coverage..

Colorado May Sue Oklahoma Over Interstate Commerce Violation In Hemp Arrests


​ Echols says that even if the THC exceeds (or even triples) the THC cap, then it's to be treated as 'non-compliant hemp', not Marijuana.  But Fisher still is not to interrupt lawfully licensed Kentucky commodities bound for another state and merely passing through Oklahoma.  If Kentucky certified the grower and the payload, the only other state which can impose jurisdiction is the destination state, once the payload arrives there.
  Fisher's decision runs contrary to the actions of DA Jack Thorp, of the Sequoyah District Court. Thorp told Sallisaw law enforcement officers in another highway traffic stop to take a small sample to send to DEA officials, and send the truckers on their way to Colorado.

  Oklahoma public safety in general, and Pawhuska law enforcement specifically; may lose any federal funding as a result of this interdiction of the Hemp truck.  Federal statutory language says that no federal funds can be used to prohibit interstate transportation of licensed industrial hemp.
Picture
Picture
Here's the gist of the USDA's legal opinion:
May 28, 2019The Agriculture Improvement Act of 2018 (2018 Farm Bill) authorized the production of hemp and removed hemp and hemp seeds from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances. In response to questions raised concerning provisions pertaining to the interstate transportation of hemp and who may obtain a license to produce hemp, the U.S. Department of Agriculture’s Office of the General Counsel (OGC) has concluded the following:
  1. As of the enactment of the 2018 Farm Bill on December 20, 2018, hemp has been removed from schedule I of the Controlled Substances Act and is no longer a controlled substance.
  2. After USDA publishes regulations implementing the new hemp production provisions of the 2018 Farm Bill, States and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under a State or Tribal plan or under a license issued under the USDA plan. 
  3. States and Indian tribes also may not prohibit the interstate transportation or shipment of hemp lawfully produced under the 2014 Farm Bill.
  4. A person with a State or Federal felony conviction relating to a controlled substance is subject to a 10-year ineligibility restriction on producing hemp under the Agricultural Marketing Act of 1946. An exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before December 20, 2018, and whose conviction also occurred before that date.
  The USDA legal finding did mention a couple state law enforcement actions and weighed in on them. 
1. The Oregon Hemp detained in Idaho was not approved Hemp which was sanctioned by the USDA Hemp programs. Therefor the federal govt. does consider it to be contraband. 
2. The West Virginia shipment of seeds to Pennsylvania was federally protected interstate commerce of Hemp, and west Virginia could not prohibit the shipment as a state police action.
Read the full legal opinion in this PDF.
Comments

    Sooner Politics
      Editorial  

    Picture
    David Van Risseghem reports the events and adds some perspective. 


    Search Our Archives.

    Get A Daily News Email

    * indicates required

    Get new posts by email:


    Archives

    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    August 2015
    January 2015


    Subscribe in a reader
    ​We recently moved our blog. Our archives are still partially stored at our old site. 

    Author

    David Van Risseghem  is the Publisher of SoonerPolitics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform.  This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...

    ​"No politician 'checks off every box" in your list of issues. You have to prioritize and use personal discretion regarding every current and future issue that you can imagine. Then you have to also judge integrity & consistency. A candidate's openness to study the issues & courage to think for themselves. Then you need to review their honesty & work ethic.  I respect any voter's decision, when they've informed themselves and took voting seriously." - David Van Risseghem
​FRONT PAGE •  OKLAHOMA NEWS • EDITORIAL • SOONER ISSUES •​ STATE GROUPS •​ SOONER ANALYSTS •​ LAWMAKER'S JOURNAL •​ NATION •​ NATIONAL COMMENTARY •​ CARTOONS •​ ​
Picture

918 . 928 . 7776

 SoonerPolitics.org is committed to informing & mobilizing conservative Oklahomans for civic reform & restored liberty. We seeks to utilize the efforts of all cooperative facets of the Conservative movement... Content of the diverse columns are solely at the discretion of the dozens of websites who create the content.   David Van Risseghem  is the founder of this platform.
 Sooner Politics News is a platform, not a media site. All our bloggers get their feeds promoted regardless of content. As soon as We suppress or delete even one posting, we become an endorser of whatever We didn't censor..The publisher doesn't (and could not) logically agree with all the content, so we would not expect any rational reader to agree, either. What we do hope, is that readers will think for themselves, and at least be better informed of the issues, events, and values that our citizen journalists work hard to provide for free.. We automate much of the tasks so that our sources' content gets as much exposure as possible. We encourage constructive discussion & debate. The solution is more free speech, not less.​

  • Front Page
  • Oklahoma News
    • Oklahoma Reports
    • OCPAC
    • Oklahoma Constitution News
    • Citizen of the Year
    • Oklahoma History
    • Today, In History
    • Oklahoma Center Square
    • Faked Out Sports
    • AP Wire
    • NewsBreak Oklahoma
    • Inside the Capitol
    • Lawton Rocks
    • Muskogee Now
    • OSU Sports
  • Podcasts
  • SPTV
    • Fresh Black Coffee, with Eddie Huff
    • AircraftSparky
    • Red River TV
    • Oklahoma TV
    • E PLURIBUS OTAP
    • Tapp's Common Sense
  • Editorial
    • From the Editor
    • Weekend Report
    • 3D Politics
    • Reagan Speaks
  • Sooner Issues
    • Corruption Chronicle
    • Constitutional Grounds
    • State Groups
  • Sooner Analysts
    • OCPA
    • Muskogee Politico
    • Rooke Report
    • SoonerPoll
    • Everett Piper
    • Andrew Spiropoulos
    • Tulsa Devil's Advocate
    • Eddie Huff & Friends
    • 1889 Institute
    • Steve Byas
    • Michael Bates
    • Steve Fair
    • Josh Lewis
    • Tulsa Today
    • OK2A
    • Dr. Jim Meehan
    • AFP Oklahoma
    • Sooner Tea Party
  • Nation
    • Bongino Report
    • Breitbart News
    • Daily wire
    • Steven Crowder
    • InfoWars News
    • Jeff Davis
    • Alex Lains
    • The F1rst
    • Nigel Farage
    • NewsMax
    • America's Voice
    • Ron Paul Institute
    • Bill Gertz
    • Emerald
    • Just the News
    • Trey Gowdy
    • Fox Politics
    • National Commentary
  • Wit & Whimsy
    • Libs of Tiktok
    • It's Still The Law
    • Terrence Williams
    • Witty Cartoons
    • Will Rogers Said
    • Steeple Chasers
    • The Partisan
    • Satire
  • SoonerPolitics.org