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CBD and Hemp Legality in Idaho: Idaho Hemp Laws – 2021 Update


2021 Update:

Idaho still considers the usage of hemp or cannabis, CBD related product illegal for both recreational and medical usage.

February of 2021, an organization of medical cannabis advocates, Kind Idaho, announced receiving approval from the secretary of state to begin collecting signatures for their petition to put a medical cannabis initiative on the ballot in 2022.

Original Post:

In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Idaho Hemp Laws and the legality of CBD in Idaho, it is important to understand the different types of hemp and CBD products that these laws may be applied to.

There are many (somewhat confusing) terms for hemp oil:

FAQ: Hemp and CBD Legality in Idaho

Is Full Spectrum CBD Legal in Idaho?

No, no CBD products are legal in Idaho, except in very rare cases where a doctor prescribes the FDA approved pharmaceutical Epidiolex.

Hemp oil products from the stalks and leaves of the plant that do not contain significant amounts of CBD or any other cannabinoid are the only products that are not illegal in Idaho. These products do not provide “CBD benefits” in any way.

Is It Legal to Ship PCR Hemp Oil to Idaho?

It is legal to ship ALL types of hemp products with less than 0.3% total THC to all US States according to the 2018 Farm Bill.

However, under Idaho hemp laws, once the products arrive in Idaho they are illegal!

Where to Buy Full Spectrum CBD Oil in Idaho?

You cannot legally purchase or possess any form of hemp or CBD in Idaho.

How Does Idaho Legally Define Hemp?

Idaho’s Orwellian CBD policies almost lead you to believe that CBD isolate would be acceptable. Surely, even places that have very strict regulations generally allow these. However, that is not the case! Idaho does not allow any CBD products.

With regard to CBD products in general, a 2015 Idaho Attorney General’s opinion states:

Idaho Code §37-2705(a) and (d)(19) and (27) define as schedule I controlled substances any “material, compound, mixture or preparation which contains any quantity’ of either marihuana” ((d)(19)) or “Tetrahydrocannabinols” (i.e., THC) ((d)(27)). Therefore, in order for an oil extracted from the cannabis plant to not be a controlled substance, two conditions must be met. First, the oil extract cannot contain “any quantity” of THC — not just less than .3%. Second, the oil extract cannot be deemed “marijuana” under Idaho Code §37-2701(t)…

In sum, unless an oil extract contains no THC and is excluded from the definition of “marijuana” under Idaho Code §37-2701 (t)…, such oil is a controlled substance in Idaho.2015 Idaho Att’y Gen. Ann. Rpt. 132-133

With regard to potentially THC-free CBD products, the 2015 Opinion states:

Assuming cannabidiol does not contain any THC (which is more than the undersigned knows), in order to not be deemed “marijuana” under Idaho Code §37-2701(t), it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination. 2015 Idaho Att’y Gen. Ann. Rpt. 133

Idaho Office of Drug Policy. Cannabidiol (CBD).

Growing and Selling Hemp in Idaho

As recent as March of this year, Idaho hemp laws have yet again been voted down. The state of Idaho has taken a firm stance that they will preserve their strict anti-marijuana laws by prohibiting the sale, possessions, use, and cultivation of hemp and CBD products.

Despite the fact that CBD and Hemp are federally legal, they are just as prohibited as marijuana in Idaho! This ultra-conservative state is granting some leeway with transporting hem through the state. However, hemp companies regularly have consistent issues with the state of Idaho seizing hemp shipments.

These hemp shipment seizure cases have gone a long way through the Ninth Circuit Court of Appeals. While Idaho claims that it is in line with USDA guidelines, the USDA has made it clear that they do not agree with Idaho’s practices of seizing hemp shipments. Overall, it is a huge risk that hemp transporters still face today.

It is extremely unfortunate that Idaho hemp laws prohibit any amount of THC and any form of cannabis, and that the state continues to place hefty criminal penalties on non-violent drug offenses.

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