A driver hauling a load of industrial hemp stopped at a weight station in Idaho. But instead driving away after a standard inspection, his truck was seized. He was arrested on felony drug trafficking charges. Now his company is suing the state of Idaho.
According to Big Sky Scientific LLC, Dennis Palamarchuk was hauling legal industrial hemp to Colorado for processing. But Idaho State Police say that the load was actually 6,701 pounds of illegal marijuana.
Both hemp and marijuana are members of the cannabis family. But while marijuana can contain around 40% THC, hemp contains only trace amounts of THC. In other words, it can’t get you high. And as of 2018’s farm bill, industrial hemp with less than .3% THC is perfectly legal according to federal law.
So, when Palamarchuk stopped at the East Boise Point of Entry weigh station on January 24th, he wasn’t worried. But according to a press release put out by the Idaho State Police, “the trooper’s training and experience made him suspicious that the cargo was in fact marijuana, not industrial hemp.”
A drug testing kit revealed that the load tested positive for THC. But according to Big Sky Scientific, the hemp from that particular farm was tested 19 times before the load was picked up, and came back with THC levels of .043% – well below the federal legal limit of .3%
Unfortunately for Palamarchuck, according to Idaho state law, a substance with any amount of THC in it is still illegal.
Palamarchuck was arrested and charged with felony trafficking of marijuana. If he’s found guilty, he will serve at least the mandatory minimum of 5 years in prison and pay a minimum $15,000 fine.
Big Sky Scientific posted a $100,000 bail for Palamarchuck. The company is now suing Idaho to try and get the charges against him dropped and get their load of industrial hemp released. They are also asking for an admission of wrongdoing from the state.
Source: cnn, insurancejournal, elkodaily, marketwatch
Deacon Blue says
Maybe Idaho wants to sell it on the dark Web.
RVD says
Police, being pathetic and useless as always.
Donavon DeGraff says
No hope with dope. I wouldn’t haul it
Dale A Johnson says
It’s not dope. It won’t get you high. It’s the equivalent of cotton.
J.C. Walker says
Yes, we need a new police force.
Michael says
Absolutely 👍
duh says
There might be hope because this isn’t dope. Nope! This is hemp for rope, and possibly soap that floats. This is just another Police trope on a downhill slope, where they interlope with truckers because cops will mope, and they can’t cope by limiting their scope to the legal definition of dope they are allowed to grope.
bobtrucks says
Nice, I like that!
Russ Lea says
Word.
Williamfinney says
Jersey???
Joe Barilari says
Freaking PRICELESS!@!!!
The Shadow says
Good one!
Jesse says
Lmao now that’s funny.
Craig says
Would you refused to haul rope? Hemp is not dope, its unrefined rope. Would you refused to haul flax? Flax has more THC than hemp. Liverwort (moss) has more THC than hemp. Should we arrest people for not cleaning their rain gutters? Or should we arrest them *for* cleaning their rain gutters?
Florida Native says
Amen!!
Charli says
You’ve been conditioned so well sweety. You disregard the immense health rewards bc idiots have told you otherwise.
Smh 🤦♀️
Jared Altemose says
Officer wanted his name in the news.
Dale A Johnson says
Federal law supercedes state law. It’ll be thrown out and the state could face punitive damages if pursued in federal court by Big Sky Scientific.
Azzitude says
Federal law does not supercede state laws, every state has the right to make stricter laws
ie: marijuana laws in Colo, Cali etc. also look at C.A.R.B. Laws that don’t allow older trucks into the state.
Brian says
You are 100% wrong. This case will be brought into federal court under commerce laws. Federal law will apply, not state law.
Jjags says
It will be federal, as long as it crosses state lines it’s federal. Last I checked Idaho to Colorado crosses a state line.
James says
State laws supersede federal laws when state laws are more strict than the federal laws.
RJ Dieken (host: "Supreme court decision syllabus podcast") says
Incorrect, James, especially when it comes to matters of Interstate Commerce Google the term “commerce clause”.
In fact, that’s half the point of the entire federal court system — once you have exhausted your remedies in all state courts, but you still believe the state is acting contrary to controlling federal law, you appeal to a federal district court.
Right now there is an argument at the Supreme Court about if states are subject to the 8th amendments excessive fines ban in re civil asset forfeiture. Listening to the oral arguments might be instructive for you.
Stephen Palmer says
No federal law only trumps state laws in relation to individual freedoms. It’s called the supremacy clause and it only relates to your civil rights. For instance if Idaho told him he couldn’t practice his religion christianity for example and arrested him for doing so the supremacy clause would come into effect giving the federal government authority to punish Idaho and enforce his right to freedom of religion. This doesn’t give the federal government supreme rule over states, only in cases in which a citizens legal rights are viloated.
mike stanturf says
all of this depends on if he was on an interstate highway or not. think of state length and weight laws they were enforceable on state roads not on interstates. so if he was caught on an interstate the federal law would be in effect not state law.
R.J. says
Sorry, Palamarchuk….we are a nation of Laws….
welcome to America…” Land of the Free and Home of those with no common sense”
James Nelson says
10-4
bp says
Imagine we driver’s not hauling anything for pharma companies and watch alot of people beat down on their politicians doors. We should do that.
Truckee says
I live in Idaho and a couple of the officers in the East Boise port think they are GOD. I can probably name the officers involved. They don’t even understand personal convance rules. Trying to write me up for driving home from Mountain Home to Boise to take a week off. One of them claims he used to be a driver. Granted Idaho law is strict but hemp is leagle to haul so let it get to its destination.
Jason says
You’re the one that doesn’t understand PC.
RJ D. says
James, I think you may be confusing whatever company you work for’s stupid PC policy with the laws, if you think from that short sentence you know he violated some law in regards to PC.
Truckee says
Yes i understand pc, i was not proceeding to another load and not under a new dispatch.
Ken K says
Land of the “free”…. Ya right… Another lie we accept as a fact.
Lenwood Richardson says
Well The state of Idaho never met a law or a scale it did not like, why do you think all the leftys are moving to that state. That drivers job is done. His company hung him out to dry. This is the crap we have to put up with. It was not the guy that sent the load that sat in jail. AS ALWAYS IT THE DRIVER THAT PAYS THE PRICE.
Eric says
Dang check your bearings! You hear that whine?? Did you even read the article?
Mack says
Only in America.
Randy says
Its just one truck cop wants to be a hero so he turns his assumptions into experienced opinions to justify an arrest. This comes from lack of good leadership in the law enforcement community. I know I was in it for 30 years
mr. garrison says
drugs are bad mmkay
Mike says
Even Oklahoma allows hemp wtf idaho.
Mike says
Did this even happen this sounds like a truckstop story if i ever heard one
Dan says
Yes, this did happen.. It has been all over the news in this state with them being so proud of themselves. They say it was sent off for testing but never say what the tests results were. I’m fairly sure that where it was on an Interstate highway the feds will win out on this one.. I hope so anyway..
Matt says
Same thing happened in Oklahoma a few weeks ago. I think it was like 20k weight wise. Still going back and forth with the local pd from what I saw.
Buck says
The federal government just needs to recognize is all the states are legalizing it let’s be done with this b*******
Jason says
At least the shipper paid his bail and providing legal defense. Wouldn’t have been surprised if they didn’t go to bat for him.
Kuldip Nag says
police, and Court work together and even police man is wrong, his department will get together to protect him, with the help of court.
mousekiller says
Yes it did happen.
Lance Newcomb says
Sorry guy, know the laws where you’re driving. Ignorance is not a legal defense.
RJ D. says
Indeed ignorance is not a defense, those “officers” should have known what the CONTROLLING federal law was.
Tucker says
But… he wasn’t breaking any laws… at all.
duh says
There might be hope because this isn’t dope. Nope! This is hemp for rope, and possibly soap that floats. This is just another Police trope on a downhill slope, where they interlope with truckers because cops will mope, and they can’t cope by limiting their scope to the legal definition of dope they are allowed to grope.
RJ D. says
Well played sir.
Barry Arsenault says
I think this should fall into the interstate commerce regulations act which federal law will supercede state law. Remembering the mess years ago about out of state trash being hauled into michigan landfills, the feds stepped in and said trash was an interstate commerce and no state could enact laws to restrict it. I don’t see why industrial hemp wouldn’t fall into the interstate commerce act
regulations no matter how idaho thinks hemp falls into their drug laws.
bobtrucks says
Yes. If you’re hauling a trailer full of pharmaceuticals, guns or legal hemp and you’re on a federal highway and the trailer is sealed, it doesn’t matter what the town or county or state thinks about it.
At that point it’s under the ICC rules.
J k McAnally says
State must follow federal law but if state law is stricter then state law applies otherwise California would never be able to do what they are doing to the trucking industry
Kevin Chevalier says
There are medical uses for the weed unlike alcohol which has no medical
uses other than reducing a little pain, i’d rather smoke bud than drink bud,
all the uneducated rednecks out there don’t have a clue they never tried it
so how would they know the effects, there is a difference between industrial
and medical hemp, one you can make textiles or material things out of the
other reduces stress and pain, i’m a firm believer in the weed my mother and
brother died of cancer it helped ease the pain and the stress of knowing death
was stalking their every breath it also helped their appetite and sleep i’ve seen
this with my own eyes no doctor or scientist will ever change that,the idiots in
our government need to wake up recognize there is real value to the evil weed
I guess they’d rather you be addicted to booze which is far more destructive.
Joe Barilari says
Alcohol, medicine and poison, good libation in celebration or medication in desperation .
Yin, yang,
All in one
Ri ma says
Are there any follow ups from these forums,so we can become more educated from others mishaps?
Mikey says
Since the government planted hemp during the World Wars to make rope, they should all be arrested as an accomplice. Wanna play now Idaho?
Sara says
Dearest Idaho why did you not escort such a precious load to its destination? Your new rookie saw gold and wanted a chunk of Fame right? Were you aware that tiny children with cancer use this precious load?
Jack says
Independent of whatever law, it’s not the drivers fault.. clearly not!… People who makes the law are imorals because there are always specific situations and scenarios that requires interpretation and this cases is clearly one of them. Whoever is in charge of the ruling in Idaho show dismiss all the charges against the driver and focus on the company that owns the cargo!… This case is a classical moral travesty !
David Collins says
Land of the afraid and enslaved.
Mike Reuter says
Maybe a nationwide boycott of trucking to, from, or thru Idaho will get their attention
Sk says
Legalize it all, remove marijuana from class 1
And tax it and sell like alcohol
and cigarettes. Problem solved.
Move on. After all one can drink
And take prescription drugs as
Long as you have had your 10 hours off since your last drink or pill.
Charli says
Idaho is in Big Pharma pockets.
So “ let’s get em at the transport stage”! Is their motive.
Keep drinking the corporate kool aid if ya want to, but we ARE moving forward without you!
Felix Paladino says
Just what we need more cops to F**k with trucker because there nothing else for them to do a man trying to do a legal job go to jail because a cop has a power trip
Jay says
No state over see federal law that’s what’s wrong with this country that states don’t have to follow federal laws and create their own laws
Krossbonzz says
Make a real statement and set their buildings on fire or blow them up like others said. Renegade Pigs in Uniform. Bunch of common Thugs is all they are hiding behind their tin badges. Screw the Legal BS and take action. Too bad it won’t happen though since they are too many spineless sheep afraid of the system and Law Enforcement knows this. The longer you let the Bullying go on the worse it will get. Make America great again by disbanding all Law Enforcement Agencies and the corrupt Courts. In addition dispose of all Attorneys Licenses since they are just legalized theives.
Don atnip says
Same thing happend in haskell okla the thc content was 0.38 they arrested both drivers impounded the truck an the company bailed on the drivers, a good ole okla boy bonded them out… This is bs
Kruger says
DON’T TALK ABOUT IT, JUST DO IT…it’s right to stay on the FEDERAL HIGHWAY, FILLUP before/after Idaho. let their own citizens vote the rat bastards out. There will be H___ to pay when y’all brown bag through Idaho. Stay the course. Remem-ber the bus strike, Rosa Parks is a great mentor for change.