Boise (670 KBOI News) – A petition is being circulated online, asking Ada County Prosecutor Jan Bennetts to drop the charges against three men who were arrested for hauling hemp.

The Change.org petition was started Sunday by Boise resident Tracy Olson. State Representative Ilana Rubel, also of Boise, says the three truck drivers are being prosecuted for hauling something that’s legal under federal law.

“Regardless of the fact that this has now been demonstrated to be industrial hemp, because Idaho draws no distinction between hemp and marijuana, it means these guys are basically charged with hauling marijuana across Idaho.  But it puts them up for mandatory minimum sentences,” said Rubel.

Rubel says Bennetts is the only person who can rectify the situation, because judges don’t have the leeway to change mandatory minimum laws, and even if the governor pardons the three, the arrest will still be on their records.