Federal law bars criminal action against hemp growers found to be in violation. Oklahoma law only requires destruction of the non-compliant crop and offers an option for civil fines or penalties.

The 2018 Farm Bill — which legalized industrial hemp — also explicitly states that nothing in it prohibits the interstate commerce of hemp or hemp products. It further says that no state or Native American tribe shall prohibit the transport of those items.

As far as potential violations, transport personnel aren’t addressed in either state or federal laws.

Fisher, on the radio program Monday, acknowledged the 2018 Farm Bill offers no guidance on transportation of industrial hemp.

Fisher then extrapolated his interpretation of the intent of state and federal laws.

“But if you take the Farm Bill to its logical conclusion, if the grower is required to destroy it and they haven’t done so, and in fact they transport it and the levels are above what the federal government says is marijuana, then it has to be prosecuted as marijuana,” Fisher said. “In the state of Oklahoma, if you have 1,000 pounds or more of marijuana you’re considered as being in possession of trafficking-weight marijuana.”