Related: The Hazards of Hauling Hemp
USDA Clarifies Rules on Transporting Hemp Across State Lines
In the wake of several Idaho arrests of truck drivers hauling industrial grade hemp, the U.S. Department of Agriculture has issued an updated legal clarification of its new guidelines.

The USDA has issued a legal clarification affirming that states cannot impede or restrict the transporation of industrial grade hemp.
Photo: IStock/Getty Images
A recent high-profile arrest of a truck driver hauling industrial grade hemp from Oregon to Colorado has prompted the U.S. Department of Agriculture to issue a new clarification detailing the legal status of hemp – including its transportation as a freight commodity.
Last year, the Agriculture Improvement Act of 2018 (2018 Farm Bill) authorized the production of hemp and removed hemp and hemp seeds from the Drug Enforcement Administration’s schedule of Controlled Substances.
Industrial grade hemp is becoming an increasingly sought-after raw material for a growing array of industrial and consumer goods, including increasingly popular CBD oils, which are used for health purposes by many Americans. Hemp and marijuana are both types of the cannabis plant. But unlike marijuana, hemp does not contain enough THC chemicals to produce the “high” that many people enjoy as a recreational drug.
Prior to its reclassification last year, however, hemp was lumped in the same category as marijuana as a Schedule 1 narcotic under the Controlled Substances Act – a law that banned any cannabis of any kind in the U.S.
But there has been widespread confusion regarding hemp’s new legal statue, as truck driver Denis Palmurchuk discovered last January, when he was arrested by the Idaho State Police with 7,000 pounds of industrial hemp in his trailer and charged with smuggling marijuana.
Palmurchuk's case drew widespread attention, leading to the May 28 clarification from the U.S. Department of Agriculture on hemp’s new legal status.
In the statement issued by USDA’s Office of General Counsel, the agency’s legal counsel, Stephen Vaden, concluded that per the enactment of the 2018 Farm Bill on December 20, “hemp has been removed from schedule I of the Controlled Substances Act and is no longer a controlled substance.”
Vaden said that after USDA published regulations implementing the new hemp production provisions of the 2018 Farm Bill, states and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under a state or tribal plan or under a license issued under the USDA plan.
In fact, the report noted, states and Indian tribes may not prohibit the interstate transportation or shipment of hemp lawfully produced under the 2014 Farm Bill.
According to the Idaho Statesman, the Ada County, Idaho, District Attorney’s Office, which is prosecuting Palmurchuk as well as two other truck drivers arrested for hauling hemp, declined to comment on the new guidelines.
More Fleet Management

How Telematics Improves Visibility, Control, and Performance in Refrigerated Fleets
Explore how telematics help refrigerated fleets improve visibility, uptime, efficiency, compliance, and cargo protection across connected cold chain operations.
Read More →
What the U.S.-Canada Trade War Means for Trucking
Escalating U.S.-Canada tariffs could disrupt cross-border freight, reduce truck volumes, raise costs, and create new uncertainty for carriers on both sides of the border.
Read More →
What Are Trucking’s Top Concerns for 2026?
The American Transportation Research Institute wants to know what's worrying trucking fleet managers, drivers, and other stakeholders in its annual Industry Issues survey.
Read More →
American Trucking Associations Looks for a New Leader
ATA President and CEO Chris Spear abruptly left his job at the association on August 21, at a pivotal time for the trucking industry.
Read More →
Public Wi-Fi Cybersecurity Risks: How Truck Drivers and Fleets Can Protect Their Data
Public Wi-Fi can expose truck drivers and fleets to credential theft, malware, and other cyber threats. Here’s how to reduce the risk on the road.
Read More →
For Nicky Cupp, Fleet Innovation Starts With Frustration
HDT Truck Fleet Innovator Nicky Cupp turns everyday pain points at Fraley & Schilling into opportunities for better technology and smarter processes.
Read More →
Adam Buttgenbach’s Approach to Electric Trucks: Start With Where They Fit
HDT Truck Fleet Innovator Adam Buttgenbach helped PepsiCo build one of North America’s largest EV fleets by focusing on where electric trucks make operational sense.
Read More →
Deen Albert: Let Automation Do the Math, People Make the Decisions
HDT Truck Fleet Innovator Deen Albert makes sure people are still at the heart of operations at Grand Island Express, even while adopting artificial intelligence tools. AI-assisted dispatch helped boost revenue 25% with the same number of trucks.
Read More →Trimble’s New AI Agent Takes Aim at Fleet Back-Office Busywork
Arc Agent works across Trimble TMS products to automate repetitive tasks such as freight orders, maintenance, invoices, fuel costs and more.
Read More →
How HDT’s 2026 Truck Fleet Innovators Are Rethinking Fleet Operations
Meet five trucking leaders who are challenging assumptions, solving operational problems, and putting innovative ideas to work.
Read More →

