Is CBD Oil Legal In Idaho

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Unsurprisingly, Idaho isn’t delta-8 friendly and doesn’t allow delta-8 THC products in the state. Idaho is one of the least marijuana-friendly states. Getting caught with even small amounts of marijuana can lead to jail time. Are Boise Police Arresting CBD Users? I thought it was legal–> THINK AGAIN! Learn the truth, dont be confused about THC laws & Hemp Products in Idaho. Cross state lines, cannabidiol controlled substance drug policy

Is Delta-8 Legal in Idaho?

Idaho not only bans delta-8 but also opposes all forms of THC, even in hemp CBD products.

Unsurprisingly, Idaho prohibits delta-8 and considers it a Schedule I controlled substance, meaning the use, possession, sale, distribution, purchase, production, and manufacture of delta-8 products are illegal under state law. Idaho also bans all THC isomers or their synthetic derivatives, including delta-7, delta-10, THC-O, THCP, and HHC. The state even restricts hemp-derived CBD products from carrying any THC.

Is delta-8 legal in Idaho?

  • Delta-8 THC is illegal in Idaho. The state considers hemp-derived and marijuana-derived delta-8 as controlled substances.
  • Under Idaho state law, the use, possession, sale, distribution, purchase, production, and manufacture of delta-8 products are illegal.
  • Likewise, all THC isomers, including delta-10, THC-O, and HHC, are also illegal in Idaho under state law.
  • Hemp-derived CBD, on the other hand, is somewhat legal but largely restricted. No CBD product can carry any quantity of THC.
  • Medical and recreational cannabis is also prohibited, despite many attempts to legalize it.

Is delta-8 THC legal in Idaho?

No, delta-8 THC is not legal in Idaho. The state considers delta-8 a Schedule I controlled substance under its Uniform Controlled Substances Act. This classification means the state places delta-8 alongside heroin, prescription opioids, and hallucinogens, all of which are seen as having the potential for abuse with no medicinal benefits.

Delta-8’s legal status in Idaho is not surprising as the state has had a strict stance on delta-9 THC and all its isomers, including delta-10, THC-O, and HHC. No product can carry any quantity of the above cannabinoids, even in trace amounts.

Legislative history of delta-8 (highlight of key events/bills)

Idaho is one of the only US states to disallow all quantities of THC (including delta-8) in hemp-derived products, including CBD oils, topicals, and lotions. In fact, after the passing of the federal Agriculture Improvement Act (Farm Bill), which legalized hemp and hemp-derived compounds across all 50 US states, Idaho did not establish its own regulatory framework also legalizing hemp and hemp compounds on the state level.

It wasn’t until April 16, 2021, that Idaho finally allowed the production and cultivation of hemp with the passing of House Bill 126, which also categorized all THC isomers, including delta-8, delta-10, and HHC, as Schedule I controlled substances under the state’s Controlled Substances Act.

Idaho’s classification of THC isomers as controlled substances means no product, be it hemp or marijuana-derived, can carry delta-8 in any quantity, which isn’t a surprise. State lawmakers and officials have opposed THC for decades.

An opinion statement from the Idaho Attorney General published in 2015 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.”

This opinion statement is later reinforced by John McKinney, a senior attorney at the Idaho Office of The Attorney General with over 12 years of writing opinions on drug laws in the state. In a 2019 podcast, he says:

The substance cannot contain any quantity of THC, which is the psychoactive ingredient in marijuana that gives the high recreational users are seeking. Even a trace amount of THC in any substance makes it illegal.

Attorney John McKinney

Can you purchase delta-8 in Idaho?

No, you cannot purchase delta-8 in Idaho. Hemp-derived and marijuana-derived delta-8 are illegal and considered controlled substances under the state’s Uniform Controlled Substances Act. Any physical retail stores selling delta-8 products are performing an illegal act and will likely end up in trouble with law enforcement. Likewise, no online delta-8 brands currently ship delta-8 products into the state.

If you see delta-8 products being sold in Idaho, we recommend you don’t purchase them under any circumstance. The use, possession, and purchase of delta-8 products such as delta-8 flower, delta-8 gummies, and delta-8 tinctures are illegal under Idaho state law.

Can you fly into Idaho with delta-8?

No, you cannot fly into Idaho with hemp-derived delta-8 products in your possession. Under no circumstances should you attempt to import or traffick delta-8 products into the state either.

Possession of delta-8, which is a Schedule I controlled substance, is a misdemeanor punishable by up to one year in prison and a maximum $1,000 fine.

You also cannot fly or travel into Idaho with marijuana or marijuana-derived delta-8 in your possession. Not only are marijuana and marijuana-derived delta-8 illegal in the state but the federal government also considers them illegal controlled substances. Since the federal government controls state borders, crossing into Idaho from any other state is a felony. Depending on the quantity, you could be prosecuted for smuggling or trafficking.

Is marijuana legal in Idaho?

No, marijuana is not legal in Idaho and is considered a Schedule I controlled substance. The use, possession, sale, distribution, production, and manufacture of marijuana and marijuana-derived products are punishable under the Idaho Controlled Substances Act. However, voter opinion on cannabis is shifting in the state. Kind Idaho, a cannabis activism organization, already has over 5,000 of the total 65,000 signatures required to get a new medical cannabis legalization initiative put on Idaho’s 2022 ballot.

Medical marijuana

Despite five ballot initiatives between 2012 and 2020 attempting to legalize it, medical cannabis remains prohibited in Idaho under state law, meaning the use, possession, sale, distribution, production, and cultivation of medical marijuana products are not permitted.

House Bill 108 (Sergeant Kitzhaber Medical Cannabis Act) was recently introduced on September 2, 2021. The bill sought to authorize the possession, distribution, transportation, and use of cannabis for medicinal purposes and deschedule marijuana and all tetrahydrocannabinols from Schedule I to Schedule II. Unfortunately, it failed to pass the committee stage and died on December 5, 2021.

A new medical marijuana legalization initiative (Idaho Medical Medical Marijuana Act 2022) spearheaded by Kind Idaho is currently gathering signatures ready for Idaho’s 2022 ballot next year. The group has collected over 5,000 signatures of the 65,000 required.

If successful, Idaho patients will be allowed to legally possess up to 4 oz of medical cannabis and grow up to six plants with a “hardship waiver”.

Currently, penalties for possessing medical cannabis are outlined in Sections 37-2732 and 37-2732C of the Idaho Uniform Controlled Substances Act:

  • Possession of 3 oz or less of medical cannabis or less is punishable by up to 1 year in prison and a maximum $1,000 fine
  • Possession of between 1 oz and 1lb is a felony punishable by up to 5 years in jail and a $10,000 fine
  • Possession and cultivation with the intent to sell or distribute is a felony and punishable by up to 5 years in prison and a maximum $50,000 fine

Recreational marijuana

Like medical marijuana, recreational cannabis is not legal in Idaho under state law. All forms of marijuana and marijuana-derived compounds are listed as Schedule I controlled substances under the state’s Uniform Controlled Substances Act. Under no circumstances can anyone use, possess, sell, purchase, distribute, produce, manufacture, or cultivate marijuana for recreational purposes without the risk of penalty or prosecution.

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Epidiolex

Following the 2014 US Farm Bill, which allowed the production and cultivation of hemp carrying up to 0.3% THC as part of a groundbreaking pilot program, Idaho state lawmakers passed Senate Bill 1146 in 2015. This bill would have allowed parents and guardians to import or bring CBD oil into the state for children with severe epilepsy.

Unfortunately, Governor Butch Otter vetoed the bill after passing through the legislature. As an alternative, Butch proposed children with severe intractable epilepsy be allowed to participate in a research study on Epidiolex instead. Epidiolex is a CBD-infused medicinal oral solution for patients with Lennox-Gastaut syndrome (LGS), Dravet syndrome, or tuberous sclerosis complex (TSC).

Can you buy delta-10 THC, THC-O, or HHC in Idaho?

No, like delta-8, you cannot use, possess, sell, distribute, purchase, produce, or manufacture any THC isomers under Idaho state law, including delta-10 THC, THC-O, THCP, or HHC.

Is CBD legal in Idaho?

Yes, hemp-derived CBD is legal in Idaho, but not like other US states.

Currently, the use, possession, sale, distribution, production, and manufacture of hemp CBD products are allowed in Idaho under state law, provided they carry 0% THC. If the THC content is above 0%, the state classifies it as marijuana and a controlled substance, as verified in published advisory letters to the Idaho Attorney General. Producers must include labels on all CBD products indicating the products are THC-free.

In contrast, other US states such as California, Texas, and Oregon allow hemp CBD products with up to 0.3% THC.

Idaho was the last US state to legalize industrial hemp production, processing, and transport, following House Bill 126 on April 16, 2021, signed by Governor Brad Little.

House Bill 126 came three years after the federal government enacted the Farm Bill in 2018 and a subsequent executive order from Gov. Little addressing interstate transport of hemp in Idaho, as Idaho will begin cultivating and producing hemp as early as spring 2022 once a regulatory system is established.

Upcoming legislation in Idaho

There is currently no upcoming legislation that could change delta-8’s legality in Idaho. Given the fact that all cannabis bills introduced this year either failed or determined delta-8 as a controlled substance, we don’t expect things to change any time soon.

Conclusion

Idaho’s stance on delta-8 THC isn’t the least bit shocking. The state’s ultra-conservative political lawmakers vehemently oppose anything to do with cannabis. Just look at the state’s apprehension to provide a legal framework for hemp and hemp-derived substances, as well as its decision to not allow any form of THC in existing CBD products.

If you live in Idaho and you want to get your hands on delta-8, you’re out of luck.

Where to Buy CBD Oil in Idaho in 2022

CBD is a massively growing industry in the United States. It can be used to treat a ton of symptoms including pain, anxiety, and seizures.

Marijuana laws can be confusing and federal, and state laws often contradict each other. Unfortunately, Idaho is one of the least marijuana-friendly states. Getting caught with even small amounts of marijuana can lead to jail time.

Don’t lose hope! If you’re unsure about purchasing CBD oil legally in Idaho, this article will clarify the law and point you in the right direction of trustworthy suppliers.

3. Most Hemp-Derived Cannabinoids Legal | Δ8, Δ9, and Δ10 Illegal | Marijuana Medical Use Only

Table of Contents

Where to Buy CBD in Idaho (2022):

  • Royal CBD Oil— Best CBD Oil Overall
  • Gold Bee CBD Gummies— Best CBD Gummies
  • CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
  • Industrial Hemp Farms— Best CBD Flower
  • Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs

Is CBD Legal In Idaho in 2022?

CBD is legal in Idaho, but barely.

CBD oil in Idaho exists in a legal grey area. Although the federal government has deemed industrial hemp products legal to sell and consume, Idaho law doesn’t always agree.

There are two primary types of CBD oil.

The first type is produced using flowering marijuana plants which are fully illegal federally and in Idaho.

Industrial hemp-derived CBD oil, on the other hand, contains 0.3% THC or less and doesn’t get the user high.

These products are legally able to be sold throughout the United States as a result of the Agricultural Act of 2018.

This law applies in Idaho as well; however, you must take extra caution. In 2021, the state revised its hemp laws with Bill 126, allowing cultivation and transportation of hemp with up to 0.3% THC — the last state to do so. However, this doesn’t change the CBD laws.

With that in mind, let’s take a look at how to buy CBD oil in Idaho.

How to Buy CBD Oil in Idaho

The laws and regulations around CBD oil in Idaho are strict, which means it can be very difficult to find a reliable (and legal) source for your CBD needs. Additionally, you must be sure that your CBD oil contains no THC for it to be even remotely legal in the state of Idaho.

The CBD industry has very few regulations. A lack of regulations has led to an abundance of CBD companies popping up — many of which are selling low-quality products.

Some tests have found that companies are producing oils that contain unwanted heavy metals, solvents, or no CBD at all.

They’re effectively selling snake oil.

How to Protect Yourself From Buying Poor-Quality CBD Oil

  1. Ensure that any products you purchase are double-checked by a third-party lab. Certain CBD products contain foreign materials that don’t belong in the oil. Others contain significantly less CBD than advertised. This step is especially important in Idaho because these labs can tell you the exact THC content.
  2. Watch out for companies that claim that CBD oil is a cure-all for any symptom. CBD oil is an extremely versatile health supplement that can help with all sorts of problems. However, CBD oil won’t regrow a missing leg.
  3. Purchase from companies that use CO2 as their method of extraction. CO2 extraction doesn’t use any additional solvents or heat, which helps to keep your CBD oil pure and clean.

Making your purchase online is the most sure-fire way to protect yourself from trouble with the law. If they’re a reputable source, they should have all of the above factors listed in an easy-to-find place on their website.

Products sold in-store will be difficult to verify the source. They may contain trace amounts of THC, which can lead you to possible fines or jail time.

1. Online Shops

The most reliable way to purchase CBD oil in Idaho is to find a trustworthy CBD online supplier.

Making your purchase online will allow you to easily verify the source of your oil and offer you the best information about your CBD products.

Additionally, you’ll be able to take advantage of special offers and discount deals that would be difficult to find in-store. Running a physical shop costs a lot of money. Shopping online will save you valuable time and money when compared to buying in-store.

Going from shop to shop to compare products and prices is time-consuming. Looking at products online allows you to quickly read up on what’s available and make the most informed decision possible.

As a result of Idaho’s unusually strict marijuana laws, you may have a lot of trouble tracking down a trustworthy source of CBD oil locally. The state has been fighting against marijuana legalization for quite some time, so we would advise being wary of products found in stores.

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Although we always recommend shopping online, if your heart is set on in person, we have made a list of places in Idaho that may be able to point you in the right direction.

2. Local Stores in Idaho

Some local places that might sell CBD oil are vape stores, head shops, and natural health retail outlets.

IMPORTANT! Whatever product you purchase, make sure it has a 0.0% THC content to minimize the chances of getting into trouble with the law.

Is Marijuana Legal in Idaho in 2022?

Although many nearby states have legalized marijuana for recreational use (California, Oregon, Washington, Nevada) and others have legalized medicinal use (Montana, Wyoming, Utah), any type of marijuana use is illegal in Idaho.

Possession of under 3 ounces of marijuana in Idaho can land you a misdemeanor and in prison for one year with a $1000 fine. Possession of more than 3 ounces is a felony with a maximum punishment of 5 years in prison and a $10,000 fine.

Even just being high can lead to 6 months of jail time or a $1000 fine.

Those are some strict penalties.

Additionally, you may not have any marijuana plants in Idaho.

Idaho hasn’t taken any meaningful steps toward legalization or decriminalization.

This is because marijuana is still considered a Schedule I drug (other drugs with this classification include meth, heroin, and LSD) under the Controlled Substance Act.

According to Drugs.com, Schedule I drugs are those that have the following properties:

  1. It has a high potential for abuse.
  2. It has no currently accepted medical treatment use in the United States.
  3. It has a lack of accepted safety for use under medical supervision.

According to the Controlled Substance Act, no Schedule I drugs may be prescribed by a doctor as a valid medication.

Idaho has previously tried to pass medical marijuana laws in 2012, 2014, and 2016 that would grant access to marijuana to treat specified conditions including cancer, glaucoma, and epilepsy.

Specifically, in 2015, state legislators passed a bill to allow the use of CBD oil for children who suffer from severe epilepsy but Governor Otter vetoed the bill in fear of compromising the state’s drug laws.

The state of Idaho seems to be entirely opposed to the idea of marijuana, whether it’s recreational or medical.

Idaho is not a state you want to be caught with marijuana in.

Is Delta 8 THC Legal in Idaho in 2022?

As you probably guessed, delta 8 THC is not legal in Idaho. Its strict stance on hemp carries over to delta 8.

CBD and delta 8 help with various health issues, so it’s unfortunate that the state looks poorly on them.

Buying Delta 8 in Idaho

Until the laws change, you can’t buy delta 8 in Idaho. If there comes a time when you can, make sure you apply the same rules we gave you for CBD.

These unregulated products can be dangerous if you buy from the wrong source.

If you have the chance to buy delta 8 THC, check out one of these three companies:

Third-party tests are the only way to know what you’re buying — but don’t stop there. Check customer reviews and look at the information the company provides. How is the cannabinoid extracted? Where do they get their hemp? What drives the people behind the company?

All of this information is easiest to find online, plus you’ll find better prices and a wider selection. There’s nothing better than knowing the best decision comes from sitting on your couch.

Recommended CBD Retailers in Idaho

Boise

  1. Nugget CBD – Boise — 1503 Broadway Ave, Boise, ID 83706, United States
  2. The Honey Pot CBD — 1228 Broadway Ave, Boise, ID 83706, United States
  3. Viable Alternatives — 9400 W Fairview Ave STE 100, Boise, ID 83704, United States
  4. White Pine Organics CBD — 10388 W Overland Rd, Boise, ID 83709, United States

Caldwell

  1. Big Smoke — 3110 Cleveland Blvd Suite J1 Suite J1, Caldwell, ID 83605, United States
  2. Compass Eudaemonia — 345 Caldwell Blvd Suite 102, Nampa, ID 83651, United States
  3. Enliven CBD — 2585 Caldwell Blvd #104, Nampa, ID 83651, United States
  4. The Happy Hippy — 205 Caldwell Blvd, Nampa, ID 83651, United States
  5. Tobacco Connection — 920 Blaine St, Caldwell, ID 83605, United States
  6. Tobacco Connection — 2918 E Greenhurst Rd, Nampa, ID 83687, United States
  7. Weedology — 591 E Idaho Ave, Ontario, OR 97914, United States

Coeur D’Alene

  1. Cannabis & Glass — 605 E Francis Ave, Spokane, WA 99208, United States
  2. Coeur D’Alene Pipe & Cigar — 416 Sherman Ave, Coeur d’Alene, ID 83814, United States
  3. Dr. Todd Schlapfer N.D. — 520 Coeur D Alene Ave, Coeur d’Alene, ID 83814, United States
  4. TreeHouse Club — 14421 E Trent Ave, Spokane Valley, WA 99216, United States
  5. VAPE — 2910 N Government Way, Coeur d’Alene, ID 83815, United States

Idaho Falls

  1. KuKista — 580 Honey Creek, Idaho Falls, ID 83404, United States
  2. Mountain Medicinals Dispensary — 2313 Colorado Blvd, Idaho Springs, CO 80452, United States
  3. Nugget CBD – Idaho Falls — 625 Pancheri Dr, Idaho Falls, ID 83402, United States
  4. Snake River Solace CBD Oil Store — 2095 E 17th St, Idaho Falls, ID 83404, United States
  5. The Vaping Outlet — 2157 E 17th St, Idaho Falls, ID 83404, United States

Lewiston

  1. Canna4Life – Cannabis Dispensary — 721 6th St, Clarkston, WA 99403, United States
  2. Greenfield Company Cannabis Retail — 728 6th St, Clarkston, WA 99403, United States
  3. Sativa Sisters — 712 5th St, Clarkston, WA 99403, United States

Meridian

  1. Nugget CBD – Meridian — 1330 E Fairview Ave Ste 102, Meridian, ID 83642, United States
  2. Tobacco Connection — 108 E Fairview Ave, Meridian, ID 83642, United States
  3. VAPE — 1800 S Meridian Rd, Meridian, ID 83642, United States
  4. Vapor Loft Chinden — 1735 W Chinden Blvd Suite 100, Meridian, ID 83646, United States
  5. White Pine Organics CBD — 10388 W Overland Rd, Boise, ID 83709, United States

Nampa

  1. Compass Eudaemonia — 345 Caldwell Blvd Suite 102, Nampa, ID 83651, United States
  2. Enliven CBD — 2585 Caldwell Blvd #104, Nampa, ID 83651, United States
  3. Inhale Bliss — 124 13th Ave S, Nampa, ID 83651, United States
  4. Nugget CBD – Nampa — 5840 E Franklin Rd, Nampa, ID 83687, United States
  5. The Happy Hippy — 205 Caldwell Blvd, Nampa, ID 83651, United States

Pocatello

  1. Juicity Vapor — : 1319 Bench Rd, Pocatello, ID 83201, United States
  2. Nugget CBD – Pocatello — 705 Yellowstone Ave Suite A, Pocatello, ID 83201, United States
  3. Outlaw Vapor Pocatello — 518 E Center St, Pocatello, ID 83201, United States
  4. Pegasus A to Z (formerly Pegasus Bookstore) — 358 S 1st Ave, Pocatello, ID 83201, United States
  5. The Vaping Outlet — 1023 Yellowstone Ave E, Pocatello, ID 83201, United States

Twin Falls

  1. Twin Falls County Weed Control — 1234 Highland Ave E, Twin Falls, ID 83301, United States
  2. VAPE — 953 Blue Lakes Blvd N, Twin Falls, ID 83301, United States

One of the local stores may be able to point you in the right direction. Take every precaution you can to ensure you are getting a quality THC-free product.

If you don’t see your city on this list or are worried about local laws and regulations, your best bet is to make your purchase online.

Final Notes on Buying CBD Oil in Idaho

Idaho has some very tough marijuana laws.

Legalization looks like it’s quite far from becoming a reality, even though the state is surrounded by states that have legalized marijuana.

The safest way to purchase CBD oil in Idaho is through a trustworthy online store. Online stores offer more information about the products they sell when compared to buying in person. You can easily verify the THC content and be sure that the company’s claims are backed by a third-party lab.

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For the moment, it may be difficult to track down CBD locally in Idaho. Until the state laws become more accepting of marijuana, your best chance is online.

Is CBD Oil Legal In Idaho?

CBD, which is one of the many extracts of the cannabis plant, does not produce intoxication or euphoria.

However, while the CBD market is booming and taking the U.S. by storm, it’s still a tricky time for both consumers and entrepreneurs because different states are passing different rules concerning CBD – also known as cannabidiol.

Is CBD legal in Idaho? Laws Buying Hemp Products Boise

State laws are evolving everywhere, including in Idaho, and it can feel like CBD is in legal limbo. So if you’re confused about the legality of the CBD products flooding the city of Boise, Idaho, and asking: is CBD oil legal in Idaho? You’re not alone.

Let’s get a clear picture of the legality of CBD in the state of Idaho:

Are Boise Police Arresting CBD Users?

CBD must be legal on both the state as well as the federal level for it to be legal.

Even as states surrounding our gorgeous state of Idaho legalize the use of medicinal and recreational use of marijuana, police are still making CBD related arrests?

But why is this? Isn’t CBD legal in Idaho?

Well, technically yes, but it’s still a grey area. CBD is legal in Idaho if and only if it does not contain any THC levels and must be derived from the following parts only:

(1) fibre produced from the stalks

(2) mature stalks

(3) cake or oil from the achene or seeds of the plant

(4) sterilized seeds of the plant are incapable of germination

(5) salt, derivative, mixture or any other compound made from the preparation of mature stalks.

Therefore, anything containing any traces of THC or is not derived from the five mentioned parts can be deemed as ‘marijuana’ in Idaho. And cannabis is illegal in Idaho, and if charged with possession charges of over 3 oz of marijuana, it carries a felony sentence of up to 5 years and $10,000 fine.

Gov. Brad ittle removed hemp from Idaho’s list of Schedule I drugs. And it’s predicted that there will be more legislation about CBD in 2023.

But before that happens, you might want to consult with professional legal counsel before taking possession, selling or transporting CBD products.

Make sure the label says: “CONTAINS 0% THC”

Best Place To Buy CBD In Boise?

Are you looking for a place to shop for CBD oil legal in Idaho without having to worry about the cops? Well, here are the best places to get THC-free CBD products:

Again, before you purchase any CBD products, make sure that it is derived from hemp and not marijuana and does not contain any traces of THC.

Can You Get High Off CBD?

Have you had a bad experience with cannabis in the past? Or perhaps you’re wondering about the use of CBD at work? If so, you must be wondering if CBD oil would make you feel ‘high’ or end up doing you or your loved one more harm than good. In simple terms: is CBD oil going to make you paranoid and stressed out?

Well, while cannabidiol (CBD) is one of the many compounds that are found in hemp and cannabis. Another primary compound found in these plants is the tetrahydrocannabinol (THC). THC induces psychoactive effects such as euphoria, forgetfulness and even heightened sensory perception.

However, while there might be traces of THC in CBD oil, you can’t get high off CBD since the THC level is too low.

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New Idaho Hemp Law

In 2019, HB 126 was signed into law allow growing and transporting of hemp in Idaho. But you must be licensed.

You can apply for: a producer license or a handling license. Get the latest updates for Idaho Hemp Licenses here.

The legislation authorized the production, research and processing of industrial hemp and allowed for the legal possession and transportation of hemp products.

Is Cannabidiol (CBD) A Controlled Substance?

The Idaho Statute Section 37-2705 defines schedule I controlled substances following the Federal Law as compound, mixture, preparation or material that contains any traces of either THC or marijuana.

Therefore, for CBD to not be a controlled substance in Idaho, two conditions must be satisfied:

1. The CBD oil/product CANNOT contain any quantity of tetrahydrocannabinol and not just less than 0.3%.
2. The CBD oil extract cannot be considered as ‘marijuana’ under Idaho Statute Section 37-2705.

NOTE: this info is straight from the Idaho Office of Drug Policy:
https://odp.idaho.gov/cannibidiol/

So is CBD oil legal in Idaho?

In sum, Cannabidiol with 0% THC and extracted from hemp and not marijuana is not a controlled substance.

Bottom line, Idaho could be considered the worst state when it comes to issues regarding consumer hemp. Have you or someone dear to you been charged with CBD or marijuana-related charges? If so, an experienced and reputable criminal defense attorney can help to get the charges reduced and even dropped.

Reach out to the best Boise criminal defense attorney to have your case evaluated today!

Get your life back, hire a Criminal Defense Attorney

Works Cited

Hazekamp, Arno. “The trouble with CBD oil.” Medical cannabis and cannabinoids 1.1 (2018): 65-72. https://www.karger.com/Article/FullText/489287 McCoy, Bláthnaid, et al. “A prospective open‐label trial of a CBD/THC cannabis oil in dravet syndrome.” Annals of clinical and translational neurology 5.9 (2018): 1077-1088. https://onlinelibrary.wiley.com/doi/pdf/10.1002/acn3.621 Idaho Statesman BY KATY MOELLER MARCH 02, 2019 05:00 AM. If hemp is illegal in Idaho, how are all those products for sale in stores? https://www.idahostatesman.com/news/northwest/idaho/article226865399.html BIG SKY SCIENTIFIC LLC v. IDAHO STATE POLICE, No. 1: 19-cv-00040-REB (D. Idaho Sept. 3, 2019). https://scholar.google.com/scholar_case?case=12666435209403807680&hl=en&as_sdt=200006 State v. McKean, 356 P.3d 368, 159 Idaho 75 (2015). https://scholar.google.com/scholar_case?case=2129541342342725316&q=thc+free&hl=en&as_sdt=4,13 KTVB News, Author: Gretchen Parsons Published: 5:21 PM MST February 13, 2019, CBD oil is readily available online, so can you legally buy it in Idaho?https://www.ktvb.com/article/news/cbd-oil-is-readily-available-online-so-can-you-legally-buy-it-in-idaho/277-9c570f3b-2d9f-48f0-a529-290de2733a82

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