Boise (670 KBOI News) – The Constitutional debate over hemp transportation across state lines is heating up.

This week, the US Department of Agriculture issued a statement, saying Idaho can not stop hemp from being transported across state lines, but the Idaho State Police say they will continue to arrest drivers with hemp.

State Representative Ilana Rubel of Boise, an attorney by trade, says at issue is the point at which the Interstate Commerce Clause applies to the 2018 Farm Bill.

“But the 9th Circuit (Court of Appeals) ruling could actually be one of significance here, for Constitutional scholars going forward, in terms of at what point in the life cycle of a federal statute, does it officially take precedence over state law?” said Rubel.

Idaho’s position is that since the plans to implement the Farm Bill have not yet been finalized, the Interstate Commerce Clause doesn’t yet apply.

Rubel says this is an example of why prosecutors need to use discretion on when to fully enforce laws.

— Jay Howell, 670 KBOI News