Update JANUARY 24, 2019: We previously updated this article to report that everyone involved was out of jail. However, a report via Twitter suggests two truck drivers remain imprisoned:

Four people face felony charges after Oklahoma police seized hemp bound from Kentucky to Colorado.

The four are charged with drug trafficking after cops found 18,000 pounds of hemp in the back of their tractor-trailer. Police from Pawhuska, Oklahoma pulled the shippers over at 3:00am on January 9, claiming they ran a red light. When police stuck their noses in the vehicle, they smelled a strong odor which greatly resembled psychoactive cannabis (“marijuana”), leading to the charges.

The truck was transporting hemp from Kentucky to Colorado on behalf of Panacea Life Sciences, a CBD brand. As readers of our site know, the 2018 Farm Bill made hemp legal nationwide when it became law in December. The new law specifically protects interstate commerce. Therefore, the drivers were following the law.

A highway patrol officer holds his palm out while making a road side stop. Oklahoma police seized 18,000 pounds of legal hemp on January 9. 4 people involved in transporting the crop now face felony charges.

Oklahoma police seized 18,000 pounds of legal hemp on January 9. 4 people involved in transporting the crop now face felony charges.

However, two of the four still remain in jail as police insist that they don’t know whether the truck contained legal hemp or illegal marijuana. The four accused all pled not guilty at their initial hearing.

LAW ENFORCEMENT’S BIG FLAW

The Farm Bill makes it clear that there shouldn’t be any legal battle at all. Hemp is legal and these men were in total compliance with the law. Yet, as we’re witnessing, law enforcement continues to insist these men deserve to face charges.

We talked with James “Jamie” Baumgartner, the president of Panacea Life Sciences about the incident.

“To be honest, I personally tend to trust law enforcement,” Baumgartner proclaimed. “But I don’t know if they really know what they’re doing here.”

One source of Baumgartner’s uncertainty: the Drug Enforcement Administration (DEA) sent the hemp to a laboratory to do a binary test. The purpose was to discover whether or not there would be THC in the product.

“Of course, it’s going to test positive cause there is 0.3 percent THC in the product,” Baumgartner explained.

Under the law, hemp is fully legal as long as it contains less than 0.3 percent THC. He continued:

“Then they did another binary test that they [DEA] claim is definitive to show it’s marijuana, by taking a look at the product under a microscope. Which is the first time I’ve ever heard of that.”

Obviously, the latter test can’t confirm anything considering the fact that hemp and marijuana look nearly identical — they’re two forms of the same plant! As Baumgartner puts it, the only way to really tell the difference between the two is through, “a cannabinoid profile.”

Until the cannabis is properly tested, the four men will remain in custody. There’s only one major issue, as Baumgartner states:

“[Oklahoma law enforcement] wants to send it through Washington D.C. to be tested. But with the government shutdown, that laboratory is not operational right now.”

FIGHTING BACK AFTER OKLAHOMA POLICE SEIZE HEMP SHIPMENT

Baumgartner is pushing for the material to be tested properly even with the complication of a government shutdown. He and his team at Panacea have argued with police that they should, “find a neutral laboratory.”

“We’ve suggested they use the Colorado Department of Agriculture … to determine the THC content of the material.”

Unfortunately, there’s been little “open dialogue in terms of resolving the situation.”

Rather, law enforcement is taking matters into their own hands and, as mentioned above, it doesn’t seem like they quite know what’s going on.

Baumgartner told us he has never run into problems with the law before. Caught off guard by this unexpected seizure, he’s frustrated that police haven’t responded to his concerns. This is especially overwhelming considering some of these men have families who don’t know what’s going to happen.

Furthermore, Baumgartner predicted the bust could cost Panacea $1 million. Of course, he hopes that once Oklahoma law enforcement realizes the plants are hemp and therefore legal, there’s a good chance they’ll get the shipment back. However, then Panacea must worry about any damages which may have come about through this whole process.

Seen from the shoulders down, a farmer in a black hoodie gives a thumbs up while posing with a basket of freshly harvested hemp. Although the Farm Bill fully legalized hemp, it's clear the stigma around the plant still remains.

Although the Farm Bill fully legalized hemp, it’s clear the stigma around the plant still remains.

“If we can verify that it has not been damaged then we rock’n’roll with it,” Baumgartner said. “If it has been damaged so that we cannot use it, then we’ll seek recourse through civil litigation.”

THE ANTI-HEMP STIGMA CONTINUES

Obviously, the stigma against hemp is far from gone. The fact that this whole mess is even happening might seem absurd to many within the hemp industry and community. However, when it comes to the general public, they still don’t see the difference between hemp and “marijuana.” 

“When I take a look at this whole situation, our number one priority is to make sure these individuals are not charged and are able to go back to their families and their lives, “Baumgartner said.

“Number two is to get our hemp back. And I’m really hoping we have a positive end to this story.”

He added:

“I hope we have a better understanding of rules and regulations. About how to handle hemp shipments in the future. I mean the last thing I really wanted to do was offer an interview for your publication about this problem. I’d rather be talking about the beneficial health properties of hemp.”

Panacea Life Sciences’ staff asked us to share this GoFundMe fundraiser for the arrested hemp drivers, and encouraged our readers to contribute.