BOISE, Idaho (KBOI) Test results from a seized shipment in a semi truck along Interstate-84 near Boise earlier this year confirm the driver was hauling hemp, not marijuana, according to court documents that have been unsealed by the 9th Circuit Court of Appeals.
After the seizure, Idaho State Police sent samples to a Kentucky laboratory to test the amount of THC in the seized shipment.
"Although the results were submitted to the district court under seal...the district court acknowledged that 'no testing has reported a greater than .3 percent concentration level of delta-9 THC, meaning that the hemp, is indeed, hemp,"' according to Big Sky Scientific, the company involved in the lawsuit.
ISP described the seizure at the time as the largest marijuana bust in recent memory.
Big Sky Scientific, the company which owns the nearly 7,000-pound shipment, applauded the court's decision to unseal the test results.
“We are happy that the 9th Circuit has agreed with Big Sky that Idaho taxpayers and the general public deserve to know that Idaho’s own tests performed in a Kentucky lab showed that what we were hauling was in fact hemp and not marijuana,” said Ryan Shore, Big Sky Scientific CEO. “All of our tests showed our shipment was hemp, and every test that Idaho conducted showed that our hemp was significantly below the 0.03% THC limit for industrial hemp.”
Ada County responded saying, "this preliminary injunction appeal hinges on the difference between what the law actually says and what Big Sky wants the law to say."
The county argues that while the 2018 Farm Bill legalized hemp production and transportation in the U.S. it also made it clear that new regulations on the industry must be determined before that could take place.
The driver, Denis V. Palamarchuk, is still facing a criminal charge of felony trafficking. He pleaded not guilty earlier this month and is scheduled to head to trial Oct. 2.