With the federal legalization of industrial hemp products, state’s were granted the right to impose their own laws regarding hemp-derived CBD. This makes the industry hard to navigate and leaves many people wondering “is CBD legal in Idaho?” The answer isn’t as straightforward as you may have hoped. Idaho is one of the Our guide to CBD and cannabis in Idaho explains the current legal situation and why it's one of the worse places to live for weed lovers.
Is CBD Legal in Idaho?
With the federal legalization of industrial hemp products, state’s were granted the right to impose their own laws regarding hemp-derived CBD. This makes the industry hard to navigate and leaves many people wondering “is CBD legal in Idaho?”
The answer isn’t as straightforward as you may have hoped. Idaho is one of the few states that kind of “straddles the fence” of CBD legality.
Some CBD products are legal and accessible within the state, but there are strict regulations as to what qualifies as a “legal” CBD product.
Before you buy, these are the Idaho CBD laws you need to know:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- Idaho has legalized certain forms of CBD, but they must meet strict requirements. For instance, they may not contain any amount of THC and must be derived only from one of the parts of the hemp plant deemed legal by the state.
- Idaho has made several attempts at updated CBD, industrial hemp, and medical cannabis legislature, but so far all have failed.
- Doctors in Idaho may prescribe CBD to qualifying patients, but only the FDA-approved Epidiolex is available by prescription.
- CBD may be accessible at a variety of locations in Idaho, but it is not well regulated. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Idaho?
Idaho CBD laws are unique in nature. Many states (like Colorado and Arkansas) have legalized industrial hemp products with less than 0.3% THC, while others (like Hawaii) still prohibit CBD products altogether. Idaho’s restrictions fall somewhere in the middle, only allowing CBD that meets strict guidelines.
Idaho code S37-2701(t) suggests that CBD products are only legal in the state if they contain 0% THC and are made from parts of the hemp plant considered to be legal by the state. In other words, legal CBD products in Idaho must contain no THC and must be made from either hemp stalks or stalk fibers or hemp seeds when either sterilized or processed into oil.
Any form of CBD that contains THC or is made from a prohibited part of the cannabis plant (such as the flowers) is considered a marijuana substance. Marijuana is a controlled substance within the state.
The state attempted to pass SB 1146 in 2015, a bill that aimed to legalize CBD products containing 0.3% THC or less for patients with intractable epilepsy. The bill failed, however, when it was vetoed by Idaho Governor C.L. “Butch” Otter. Instead, he issued an executive order to expand access to Epidiolex, a CBD-based pharmaceutical for treating epilepsy, which was approved by the FDA in 2018.
The state has also made several attempts at updating industrial hemp laws to more closely match federal regulations, but every attempt so far has failed.
Is full spectrum CBD legal in Idaho?
According to state legislation, a product that contains any amount of THC is considered a controlled substance. Therefore, full spectrum CBD is considered illegal by the state of Idaho. CBD isolate may be a more suitable choice for residents of Idaho.
Does Idaho have a CBD possession limit?
Idaho has strict regulations regarding what qualifies as a legal CBD product in the state. However, they have not imposed any possession limits on CBD products that meet these strict standards.
Can doctors prescribe CBD in Idaho?
Typically, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. However, there is no medical cannabis program in Idaho, and doctors currently can only prescribe the FDA-approved CBD medication Epidiolex.
Where to buy CBD in Idaho?
In Idaho, there are multiple vendors who claim to offer CBD products that meet state regulations. However, the state does not regulate licensing for CBD vendors and instead leaves it up to local jurisdiction.
You may be able to find CBD across the state, but this lack of consistent regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
How old do you have to be to buy CBD products in Idaho?
The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Only Epidiolex, an FDA-approved medication, is available by prescription for children with certain severe forms of epilepsy.
In Idaho, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship CBD products to Idaho, but you need to ensure that the products meet local guidelines.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Idaho under strict stipulations , but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
CBD and Cannabis Laws in Idaho: All You Need to Know
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A growing number of states permit the use of recreational marijuana, and a significant majority have MMJ programs. The 2018 Farm Bill was further good news for supporters of the Cannabis Sativa L. plant. It removed industrial hemp (containing a maximum of 0.3% THC) from the list of controlled substances.
While the legislation failed to legalize CBD itself, it did serve as a boost to the industry. However, although cannabidiol is widely available in almost every American state, some locations have obscure rules. Such laws confuse residents and cause them to wonder whether CBD is even legal. This is why we have created guides outlining CBD laws in various states.
This article focuses on Idaho’s stance towards cannabidiol. First, however, let’s investigate the state of play regarding marijuana in the Gem State.
Idaho Weed Laws
At present, legal marijuana doesn’t exist in Idaho in any form despite the growing appetite for it. The state outlawed the substance in 1927 and has resisted any attempts at ending prohibition ever since.
In reality, there haven’t been any real attempts to change Idaho state laws to legalize recreational cannabis. However, an initiative called the ‘Personal Adult Marijuana Decriminalization Act (PAMDA) could be placed in front of voters in November 2022. It calls for the decriminalization of marijuana. If PAMDA passes, it will become legal for adults aged 21+ to possess, use, and transfer up to three ounces of the substance.
Fortunately, an attempt to approve a constitutional amendment banning any Schedule I drug legalization failed in the Idaho House of Representatives in April 2021.
There is also potentially good news on the medical marijuana front too.
Is Medical Marijuana Legal in Idaho?
Idaho continues to prevent the legalization of medical cannabis, although opponents of the substance could be fighting a losing battle. The state borders Oregon, Washington, and Nevada, all of which allow recreational marijuana. It is also neighbors with Utah and Oklahoma, which have MMJ programs. Furthermore, Idaho borders Canada to the north, which also permits adult-use marijuana!
Idaho lawmakers have fought against movements to legalize medical marijuana for years. In 2013, Senate Concurrent Resolution 112 passed. At that time, lawmakers said they would remain opposed to all forms of cannabis legalization.
The Resolution states that the “drug legalization laws in neighboring states have already adversely impacted Idaho through cultural acceptance of drug use.” It also claims that allowing legal marijuana would increase drug use and reduce the perception of harm among kids.
Under the new proposal, qualifying patients could purchase and possess up to four ounces of marijuana.
Several legalization attempts have failed in the last decade. However, there is hope on the horizon. Kind Idaho, a pro-marijuana group, received permission to gather signatures for a 2022 ballot initiative to legalize MMJ. The deadline to submit the 64,945 signatures needed to get on the ballot is May 2022.
Under the new proposal, qualifying patients could purchase and possess up to four ounces of marijuana. The new program would also allow patients with a ‘hardship designation’ to grow a maximum of six plants. There are 12 qualifying conditions, but individuals with a severe chronic illness or terminal disease are also eligible.
What Is the Penalty for Possession of Marijuana in Idaho?
At present, the possession of up to three ounces of marijuana is a misdemeanor. You could receive a prison sentence of a year and a $1,000 fine. If you have more than three ounces but less than a pound of the substance on your person for personal use, it is a felony. You could spend five years in prison and pay a $10,000 fine.
Possession of over a pound, or 25-49 plants with intent to sell, is a more severe felony. It carries a potential $50,000 fine and a year in jail. It is also considered drug trafficking.
The sale of over a pound of marijuana is a felony with a possible penalty of a year’s imprisonment, plus a fine of up to $50,000.
Now that you know marijuana remains an illegal substance in Idaho, what about CBD derived from hemp?
Is CBD Legal in Idaho?
Yes, but only if it contains 0% THC.
The legal status of CBD oil in Idaho has been needlessly complex for some time. In 2015, Senate Bill 1146a passed the Idaho Legislature after overcoming serious opposition. It would have legalized CBD oil for individuals with severe epilepsy. However, Governor Butch Otter vetoed the bill in April 2015.
Instead, he issued an Executive Order called the Expanded Access Program (EAP). It allows children with intractable epilepsy to access pharmaceutical-grade CBD. In other words, they can use Epidiolex, as it is FDA-approved.
The state’s Attorney General clarified that CBD with 0% THC was legal in the same year. It must come from one of the five identified parts (non-flower) of the plant.
According to the Idaho Office of Drug Policy, CBD products must be derived from one of the following forms of hemp to avoid classification as marijuana:
- The plant’s mature stalks.
- Fiber produced by the stalks.
- Cake or oil made from the plant’s achene or seeds.
- Any salt, derivative, compound, mixture, manufacture, or preparation of the mature stalks.
- The sterilized seed of such a plant that is unable to germinate.
Which came out on top?…
Industrial Hemp Is Now Legal in Idaho
In February 2021, Governor Little signed a bill removing Epidiolex from the state’s Schedule V listing, limiting its THC content to 0.1%. This isn’t an issue since the pharmaceutical drug contains no THC.
In April 2021, Little signed House Bill 126 into law. It was a huge moment for the hemp industry in Idaho. HB 126 legalized the production and transport of hemp. Crucially, it increased the THC limit to 0.3%. This legislation made Idaho the final state to legalize hemp after the Farm Bill lifted the federal prohibition.
However, this doesn’t mean CBD products with up to 0.3% THC are permitted in Idaho. At present, the 0% THC rule remains in place.
Where Can I Buy CBD in Idaho?
Since THC remains banned in Idaho, some residents prefer to stick with broad-spectrum or CBD isolate products. Both ‘should’ contain zero THC, although checking third-party lab reports for further proof is wise.
Even though there are some concerns over CBD’s legality in Idaho, you will find products in head shops, vape stores, and dedicated CBD stores. Here are five physical locations with excellent reputations.
Name of Store
1443 N Milwaukee St, Boise, ID 83704, United States
4055 N Government Way #5, Coeur d’Alene, ID 83815, United States
690 Blue Lakes Blvd N, Twin Falls, ID 83301, United States
Sturman’s Smoke Shop
218 N 10th St, Boise, ID 83702, USA
213 W Appleway Ave Ste 1 Ste 1, Coeur d’Alene, ID 83814, United States
However, there is a growing trend towards shopping for CBD online. This process enables you to choose from a wide range of products at lower prices than in physical stores. You can also find out more about each brand and ensure their Certificates of Analysis (COAs) are up to date.
Joy Organics and Green Roads are two top-rated CBD brands that ship to Idaho residents.
Remember, if you want to play it safe, focus on a broad-spectrum or CBD isolate product. Both of the brands above offer updated third-party lab reports, so check them out before purchasing. You may also find their products in certain physical CBD stores.
Final Thoughts on CBD and Cannabis Laws in Idaho
At present, Idaho is one of a shrinking number of states with no recreational or MMJ laws. There is a possibility of an MMJ initiative appearing on the ballot in November 2022. However, the possession and use of any amount of marijuana in Idaho is punishable with up to a year in prison. That is unless legislation decriminalizing the substance is pushed through.
There are a few reputable online brands that sell broad-spectrum products and CBD isolate and ship to Idaho.
As far as CBD laws go, it is now legal to grow and transport hemp with a maximum of 0.3% THC with the requisite license. You can even bring the hemp across state lines as it is no longer a federally illegal substance.
Yet, the existing CBD law says that only products with 0% THC are permitted in Idaho. Most CBD sellers with full-spectrum items are unwilling to take the risk and don’t ship to the state.
Fortunately, there are a few reputable online brands that can sell you broad-spectrum products and CBD isolate. Make sure you seek the same if you elect to shop in a physical store. Hopefully, things will become clearer in Idaho, especially if MMJ gets passed into law.