Driving THCa Hemp Across the Country? Here’s How to Reduce the Risk.

Under the 2018 Farm Bill and the US Department of Agriculture USDA rules, it is clear that a state may not prohibit the transport of hemp through its borders. That being said, law enforcement (LE) routinely stops hemp shipments. I have seen many shipments get seized and many drivers get arrested over the years despite the fact that their shipments consisted of lawful hemp and hemp products. Unfortunately, driving hemp across the country is a risky endeavor. This article is intended to provide information that may help reduce the risk of a hemp driver being pulled over. Additionally, when pulled over, this article provides information that may help reduce the likelihood of a seizure and/or arrest. In the unfortunate event that there is a seizure or arrest this article provides information that may help in obtaining a good result. 

This article is not intended to be legal advice and should not be treated as such. Always consult a lawyer before engaging in any lawful but risky endeavor, such as driving hemp across the country. Additionally, this article is specifically about driving lawful hemp. It is not intended to assist in, nor to promote or condone, the transport of any illegal items whatsoever. 

The Setup

Typically, when a LE officer is informed by a driver that the load consists of lawful hemp the response is: “We’re going to test it to confirm that it is, in fact, hemp.” Since most LE agencies use testing methods that decarboxylate the THCa in hemp, such as gas chromatography and Duquenois-Levine field testing kits, shipments that are tested by LE often come back “hot” (ie, with high levels of delta-9 THC). At that point, the hemp is seized. Additionally, the drivers are sometimes charged with a crime. 

Best Practices and Tips

Given the above, using the following “best practices” may minimize the risk of driving hemp across the country:

• The hemp should be properly and professionally labeled. It should be vacuum sealed in mylar (or similar) bags. For consumer-ready products, they should be sealed in their properly labeled containers. The packages should be packed neatly and securely into boxes that are also labeled and sealed. Ideally, the packages should be in a cool environment during the trip and should not emit any odors. Despite the fact that hemp is lawful, the mere smell of cannabis remains sufficient probable cause in many states to conduct a warrantless search. (For more on this and related issues, click here.) 

• The driver should carry the following documents: bill of lading, invoice, certificates of analysis with the D9 levels highlighted, and a copy of any applicable hemp permits/licenses, including permits held by: (a) the shipper, (b) the shipper’s suppliers, and (c) the customer(s) to whom the load is being shipped. It also doesn’t hurt for the driver to carry the USDA’s opinion letter regarding interstate hemp shipments. The letter can be accessed by clicking here. Additionally, it may be helpful to include a copy of a legal opinion letter from the company’s lawyer regarding the legal status of the hemp and hemp products that are being shipped. 

• The vehicle should be clean and not flashy. Although this may sound irrelevant or a “no duh” recommendation, I am aware of many vehicles that have been pulled over due to the vehicle being dirty or otherwise standing out. Additionally, the driver should heed all traffic laws. This includes paying careful attention to all signage, not speeding, not running any redlights or stop signs, not using the phone, and otherwise being alert and careful. The driver should carry a copy of a valid (and non-expired) driver’s license, plus copies of the vehicle’s up to date registration and insurance. The driver should be lawfully living and working in the US. (I’ve seen situations where the driver got into problems with ICE for various immigration-related reasons.) Whenever possible, the driver should stay on interstate highways and not venture into rural areas. When getting gas and food the driver should choose large gas stations and restaurants that are close to the interstate. 

• If pulled over, the driver should keep conversation to a bare minimum. If asked about the load, the driver should say, “I’m a driver for [name of hemp company] delivering a shipment to one of its customers.” If asked what the shipment is, the driver should say, “The products are legal hemp. I’m just the driver and my instructions are to provide you with these documents.” Then, the driver should provide a copy of the above-referenced documents. The driver should not respond to any other questions and continue to refer the LE officer to the documents. (“I’m just the driver. All of the information is in those documents.“)

• If law enforcement asks for permission to search the vehicle, the driver should always say, “No.” If questioned about why not (LE can be really pushy about this sometimes), the driver should say, “I am transporting legal hemp and I have been told to deny any requests to search.” If law enforcement searches anyway or gets a warrant, then the driver should remain silent and not interfere.

• In a perfect world LE will allow the driver to continue on. However, if the driver is arrested, the product seized, or any other issues arise, the driver should simply say, “I want to call a lawyer.” S/he should then not say anything further and call the company’s lawyer. 

Conclusion

The above will not guarantee that a driver is not arrested and/or that a shipment is not seized. However, it will reduce the likelihood of those things happening. Additionally, it will put you in the best position to fight the case in court should the need arise.

Kight Law routinely helps clients navigate the many varied, complex, and often confusing array of laws and regulations that govern the hemp industry and to develop “best practices” for their enterprises. Feel free to contact us to schedule a consultation about your business. 

January 27, 2025

Rod Kight is an international cannabis lawyer. He represents businesses throughout the cannabis industry. Additionally, Rod speaks at cannabis conferences, drafts and presents legislation to foreign governments, is regularly quoted on cannabis matters in the media, and is the editor of the Kight on Cannabis legal blog, which discusses legal issues affecting the cannabis industry. You can schedule a call with him by clicking here.