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Oregon truck driver finds himself in middle of state, federal battle over legality of his load of ‘industrial hemp’

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©2019 Fotosearch

Oregon truck driver Denis Palamarchuk, 36, of Portland, Oregon, has found himself in the middle of a state/federal fight over whether the “industrial hemp” he was hauling from Oregon through Idaho and on to Colorado was illegal.

The Idaho Press reports that Palamarchuk was arrested January 24 at the East Boise, Idaho Point-of-Entry with the hemp load and had a legal bill of lading for it.

Hemp and marijuana are different parts of the same plant, and the recently passed federal Farm Bill forbids states from preventing the transportation of hemp, which is used in cosmetics, dietary supplements and other products. Meanwhile, the Colorado company the hemp belongs to wants its seized shipment back from Idaho and is citing the Farm Bill in a court filing against the state.

Idaho State Police seized 6,701 pounds of the hemp, which tested positive for THC, the psychoactive ingredient in marijuana. One news account said drug dogs alerted to the hemp.

The trouble stems from the fact that in Idaho, any amount of THC, the part of pot that makes you high, is illegal.

Consequently, the Ada County prosecuting attorney’s office insists that hauling hemp through Idaho is illegal and that the seizure was lawful.

Hemp, while not a scheduled substance, contains trace amounts of THC but not enough to produce a high. Under federal regulations, hemp must contain 0.3 percent or less of THC.

Idaho State Police said the seized hemp is being tested at a lab independent of their office but did not specify which lab is conducting the tests. If the substance does contain greater than 0.3 percent THC, it would not meet the federal definition of hemp.

Big Sky Scientific, the Colorado company that was the intended recipient of the hemp, has filed a lawsuit against Idaho State Police, and in court documents, documented that the shipment is industrial hemp that contains less than 0.3 percent THC.

“Big Sky has a legally protectable interest in the present controversy because it has rightful title to the property and said property is federally-protected pursuant to the 2018 Farm Bill,” the complaint stated.

The Farm Bill, which was updated in December, says, “No State or Indian Tribe shall prohibit the transportation or shipment of hemp or hemp products produced in accordance with subtitle G of the Agricultural Marketing Act of 1946 (as added by section 10113) through the State or the territory of the Indian Tribe, as applicable,” in section 10114, item B.

Elijah Watkins, an attorney representing Big Sky, told the Idaho Press that Idaho has no right to stop a business in one state from obtaining a legal good from another.

“I think regardless of the Farm Bill, it’s still of a lawful good,” he said.

But under Idaho law, all species of cannabis regardless of genus, including low-THC hemp plants, are illegal.

Ada County Chief Criminal Deputy Prosecutor Scott Bandy said hemp haulers aren’t free from prosecution, because of the Idaho law making hemp illegal. Bandy would not comment further, since the state police office is facing litigation, the Press reported.

Meanwhile, VIP Transportation, the Portland-based trucking company that was hauling the substance in question, is defending the legality of the shipment.

“We are 1,000 percent sure that this will get resolved because we didn’t break any law,” Ivan Pavliy, owner of VIP Transportation, previously told the newspaper.

Pavliy said it was the company’s third load of hemp when Palamarchuk was arrested. It is unclear if the company had previously hauled hemp through Idaho, as it services 48 states.

“If proper climate and airflow are not maintained, the product will mold,” according to the court document. “If that happens, the product will be worthless and Big Sky will have lost not only the estimated $1.3 million value of its industrial hemp shipment’s isolates, but also the opportunity of being among the first entrants into the new congressionally-created industrial hemp market.”

According to the document, the hemp was being transported from Boones Ferry Berry Farm, which is a licensed industrial hemp grower in the state of Oregon. Additionally, the hemp grown at the farm was tested by two different state-certified laboratories to certify its THC content met federal standards, according to an enclosed memorandum.

Ada County Prosecutor Jan Bennetts responded to Big Sky in a document filed with the court, stating that regardless of whether the product meets the federal standards of hemp, it is still illegal in the state of Idaho, making the seizure lawful.

Citing Idaho law, Bennetts refused to comply with the emergency motion for injunctive relief.

While production and possession of hemp and marijuana are still illegal in Idaho, the state’s Legislature may change the state’s position on hemp.

State Rep. Caroline Nilsson Troy, R-Genesee, plans to introduce a bill soon that would legalize hemp in Idaho, which she said will give Idaho farmers an option to grow a versatile and potentially lucrative crop.

Meanwhile, according to trucking attorney Brad Klepper, driver Palamarchuk faces marijuana trafficking charges.

Klepper said if found guilty, Palamarchuk could face up to five years in prison and a fine of $15,000.

In April 2018, the Idaho State Police arrested Andrew D’Addario, 27, of Colorado, and Erich Eisenhart, 25, of Oregon, for hauling hemp plants through Idaho.

 

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The Nation

Arizona lawmakers OK ban on cellphone use while driving

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Under the new law, police could issue warnings until 2021, when they could begin writing tickets carrying fines of $75 to $149 for a first offense and up to $250 for a second. (The Trucker file photo)

PHOENIX  — The small list of states that allow either texting while driving or hand-held cellphone use is shrinking after the Arizona House on Thursday overwhelmingly approved a cellphone use ban and sent it to Republican Gov. Doug Ducey for his expected signature.

Arizona, Missouri and Montana had been the only three states that hadn’t banned texting while driving. Arizona will join 16 others that bans all use of a hand-held cellphones while driving.

The 44-16 vote on the toughest of three proposals debated by House lawmakers Thursday comes after years of inaction by the Republican-controlled Legislature. The Senate earlier approved it on a 20-9 vote. Ducey has pledged to sign the measure, which takes effect in January 2021.

More than two dozen cities enacted local bans that will remain in effect until then.

The House rejected a weaker ban on cellphone use, but approved legislation that strengthens the state’s overarching distracted driving law on a 31-29 party line vote.

Bills to restrict phone use while driving have been introduced for a decade but haven’t advanced amid concerns by Republicans about creating a “nanny state” that overregulates behavior.

Supporters of the ban pointed to the death of a police officer in January after a distracted driver lost control and struck him on a Phoenix-area freeway. Relatives of Salt River tribal police officer Clayton Townsend and others who have died in distracted driving crashes gave emotional testimony, carrying photos of their loved ones around the Capitol.

The officer’s death gave the proposal inertia that hadn’t appeared despite tearful testimony in recent years by relatives of people killed in accidents caused by cellphone use, said Republican Sen. Kate Brophy McGee, who carried the measure with Rep. Noel Campbell.

The hand-held phone use ban bars drivers holding it unless the vehicle is stopped. Calls to 911 would be allowed. Police could issue warnings until 2021, when they could begin writing tickets carrying fines of $75 to $149 for a first offense and up to $250 for a second.

The second enacted proposal doesn’t explicitly ban texting, but rather outlaws any behavior that isn’t related to driving if it causes an “immediate hazard” or prevents the driver from controlling their vehicles.

Democrats opposed the distracted driving measure, saying it could lead to racial profiling by allowing officers to stop a driver on a pretext. But Republican Rep. John Kavanagh, a retired police officer, said a rogue officer can always find a reason to stop a driver.

Kavanagh said he supported both measures, because some distractions aren’t caused by cellphones and officers need the enforcement option.

“Cellphones so consume your consciousness that you don’t even realize how long it has your attentions,” he said. “So a cellphone bill will take care of that problem. But we need this bill too.”

Several lawmakers talked of deaths or serious injuries of their family members or friends. An emotional Republican Rep. Ben Toma recalled how his younger sister died years before cellphones became popular when a driver distracted by a newspaper hit her with his car.

“There is no doubt that being on your phone while driving can be a significant distraction,” Toma said. “But this is a much broader issue. If this bill does nothing more than save one life we should support it.”

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The Nation

FMCSA reminds truckers drug, alcohol clearinghouse coming soon

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The clearinghouse will be a professional truck driver database that will serve as a centralized record of all failed drug or alcohol tests, whether from pre-employment screenings, post-crash tests or random. (©2019 FOTOSEARCH)

Remember two years ago, when it seemed like the entire trucking industry was counting down the days to the ELD deadline?

Well, the Federal Motor Carrier Safety Administration (FMCSA) wants drivers to be aware of another countdown happening right now, although with much less hoopla than the Great ELD Panic of ’17.

At the recent Mid-America Trucking Show, Joe DeLorenzo, FMCSA director of enforcement and compliance, gave a presentation to raise awareness about the soon-to-be launched federal CDL Drug and Alcohol Clearinghouse.

Mandated as part of the Moving Ahead for Progress in the 21st Century Act, or MAP-21, in 2012, the same piece of legislation that bore the ELD mandate, the drug and alcohol clearinghouse is scheduled to launch January 6, 2020.

The clearinghouse will be a professional truck driver database that will serve as a centralized record of all failed drug or alcohol tests, whether from pre-employment screenings, post-crash tests or random. All refusals to take a drug or alcohol test will also be recorded.

“I came here with a bit of a mission on the drug and alcohol clearinghouse rule,” DeLorenzo said to the MATS audience. It has come to the agency’s attention the clearinghouse has been flying under the radar, a bit, and not enough drivers seem to know about it or they haven’t gotten a full explanation of what the clearinghouse will contain and what it will be used for.

DeLorenzo said drivers have said to him, “Well, I don’t do drugs, so I don’t have to worry about this.”

“Actually, that’s not the case,” DeLorenzo said. “Everybody needs to know about this and get going on it.”

Starting in January, carriers will be required to query the database as part of the new-driver hiring process to ensure that the candidate does not have any failed tests or refusals in the previous three years. Carriers can only gain access to a driver’s record and make the mandatory query with the consent of the driver, and the only way a driver can give that consent is to be registered in the clearinghouse.

So, technically, drivers are not going to be required to register in the clearinghouse, DeLorenzo said. However, if you ever want to get hired anywhere again you’ll have to be registered in the clearinghouse.

“If you’re just kind of staying where you’re at, no intention of leaving, or if you are working for yourself, or if you are nearing retirement, you may decide not to register,” he said. “But in an industry with 100%-plus turnover, I know people are always looking for a new job, a different job, a better job. Any driver who’s going to apply for a new job after this rule goes into effect is going to have to have an account and is going to have to be able to go in.”

DeLorenzo explained why the clearinghouse has been set up this way. Today, when someone applies for a job, they get tested as part of the process. They fail the test and the carrier doesn’t hire them. Three months later, they stay clean just long enough, the apply somewhere else and that company hires them, not knowing about the prior failure.

Starting January 6, carriers will be required to upload notices into the clearinghouse of all failed drug tests by drivers and driving applicants, as well as all refusals to test, as they occur.

The database is designed to go back three years. At first, employers will have to conduct both electronic queries within the clearinghouse and manual inquiries with previous employers to cover the preceding three years to meet the mandated hiring requirement. As of January 6, 2023, they will only need to check the clearinghouse.

Drivers’ records will only contain positive tests and refusals. When a prospective employer makes a query, they will be told if the record is clean. If there are entries, they will be able to get more details.

If a driver has a failed test, the database will also record whether that driver has completed the return-to-duty process.

Drivers will also be able to review their own records, DeLorenzo said, which is another incentive to register. If a driver finds an entry they wish to dispute, they can file a DataQ request to have it corrected.

The clearinghouse website is already up and running. Drivers can go to Clearinghouse.fmcsa.dot.gov to read about the clearinghouse and to register their email addresses for any updates. Actual registration is scheduled to begin in October.

DeLorenzo said he is hoping to raise more awareness about the clearinghouse now so they start registering in October instead of finding out the hard way come February when they try to apply for a job.

“What I’m trying to avoid, actually, is human nature, which is to wait until the very last minute.”

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The Nation

Drivewyze completes Missouri weigh installations, now fully deployed with 19 locations

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Drivewyze President and CEO Brian Heath noted that Missouri is a centralized state in the U.S., home to major trucking lanes connecting the west and east coasts. (Courtesy: DRIVEWYZE )

501 drivewyze Missouri.doc

DALLAS — Drivewyze has completed its service site rollout in Missouri at all 19 weigh stations across the state. Drivewyze PreClear weigh station bypass is now operational at all Missouri locations, delivering weigh station bypass opportunities to its customers driving in the state.

“Our bypass service network is second to none in Missouri,” said Brian Heath, president and CEO of Drivewyze. “Drivewyze is the largest provider of weigh station bypass service by a factor of almost two — with more than 750 service sites in North America. By providing more bypass opportunities than our competitors, we enable our customers to earn a higher safety return on investment than anyone else in the industry. The time has never been better for carriers to adopt weigh station bypass, or switch away from transponder-based systems. Now, they can maximize our bypass services in Missouri and enjoy the same extended coverage of our transponder-free services offer across the country.”

The final four activated Missouri Drivewyze sites are located in Kearney (northbound), Platte City (northbound), and Willow Springs (both east and westbound). Kearney is on I-35, northeast of Kansas City (between Kansas City and Des Moines, Iowa); Platte City is on I-29, northwest of Kansas City (between KC and Omaha, Nebraska); and Willow Springs is on Highway 60/63, southeast of Springfield.

“Missouri is a centralized state in the U.S., home to major trucking lanes connecting the west and east coasts,” Heath said. “With hundreds of trucking companies based in the state, we are pleased to offer state-wide services to all carriers operating in Missouri, as well as those passing through. This is another step forward for Drivewyze — and our customers — and we look forward to continue revolutionizing the freight industry with world-class service and technology. More bypasses not only improve a carrier’s bottom line, it makes a positive impact on driver’s lives.”

Carriers can eliminate the cost and administration of traditional transponders with Drivewyze. The Drivewyze PreClear weigh station bypass service is integrated with existing in-cab equipment like electronic logging devices, smartphones, tablets and other in-cab telematics systems. Customers can now receive bypass opportunities in 42 states and two Canadian provinces.

The Drivewyze PreClear weigh station bypass application is available on a number of Drivewyze partner platforms, including Omnitracs, Orbcomm, PeopleNet, Transflo, Rand McNally, Zonar, Platform Science, ISSAC and Switchboard. The application is also available for drivers to download on Android and iOS-based tablets or smartphones.

Fleets can request a free weigh station activity report to help them determine how much time and money they could save by using Drivewyze PreClear.

Drivewyze comes with a free Weigh Station Heads-Up service for real-time notifications at more than 1,200 weigh stations and inspection sites nationwide.

To learn more about Drivewyze, please visit www.drivewyze.com. 8

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