Smokable hemp can’t be easily distinguished from marijuana, which has led some states to consider a ban on the substance.
Indiana was one such state, with Gov. Eric Holcomb signing a law banning smokable hemp. This triggered a lawsuit signed by seven wholesale hemp companies, including The CBD Store of Fort Wayne; El Anar; Indiana CBD Wellness; C.Y. Wholesale; Indy E-Cigs; 5 Star Medicinal Products; and DREEM Nutrition.
Click here for more information about the upcoming Benzinga Cannabis Capital Conference Oct. 22-23 in Chicago.
The lawsuit reached a federal judge who, according to Hemp Industry Daily, discarded Indiana’s ban on smokable hemp, declaring it unconstitutional in a Sept. 13 decision.
U.S. District Judge Sarah Evan Barker said that a difficult task of distinguishing marijuana from hemp is not enough a reason to consider proposing unconstitutional legislation.
“The fact that local law enforcement may need to adjust tactics and training in response to changes in federal law is not a sufficient basis for enacting unconstitutional legislation,” Barker wrote in the order.
The judge had issued an immediate injunction blocking the law, according to Hemp Industry Daily.
Don’t miss out on the top cannabis stories of the day. Click here to sign up for our daily insider newsletter
© 2025 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.
Trade confidently with insights and alerts from analyst ratings, free reports and breaking news that affects the stocks you care about.
Cannabis is evolving—don’t get left behind!
Curious about what’s next for the industry and how to stay ahead in today’s competitive market?
Join top executives, investors, and industry leaders at the Benzinga Cannabis Capital Conference in Chicago on June 9-10. Dive deep into market-shaping strategies, investment trends, and brand-building insights that will define the future of cannabis.
Secure your spot now before prices go up—this is where the biggest deals and connections happen!