Idaho

In 2015, the Idaho legislature passed SB 1146, which would have decriminalized cannabis oil with less than 0.3% THC for the treatment of uncontrolled epilepsy.
Because the legal CBD product window is so restricted in Idaho, there are no state licensing or sale rules for CBD oil at this time. Cities have the authority to issue permits to sell CBD or run a store that sells CBD oil; however, they may or may not demand test results from potential merchants to verify that their CBD products meet state standard
By Idaho state legislation, cannabis or hemp products that do not comply with legal criteria are classified as a Schedule 1 drug and treated as such by law enforcement. The manufacture, sale, or transportation of 1 pound (0.5 kg) or more, but less than 5 pounds (11.3 kg) of marijuana is punishable by at least one year in prison and a $5,000 fine.

Table of contents

1. Brief Info

  •  Is CBD Legal in Idaho?
 The products that contain less than 0.3% THC are federally legal in Idaho.
  •  Who Can Buy CBD in Idaho? 
Individuals at the age of 18 or over.
  •  Who Can Grow CBD Products in Idaho?
People that have a license issued by the government.
  •  Who is protected from criminal offenses regarding CBD use?
The ones who didn’t exceed the dosage and possession limits of CBD
  • More in-depth information about the state regulations and laws

2. Idaho CBD laws

In 2015, the Idaho legislature passed SB 1146, which would have decriminalized cannabis oil with less than 0.3% THC for the treatment of uncontrolled epilepsy. The bill sought to establish legal protections for parents who wish to take CBD oil from another state as well. The bill was blocked by Republican Gov. C.L. "Butch" Otter, who instead established an executive order for the Expanded Access Program, which allows kids with intractable epilepsy to take Epidiolex if their physician determines that it is appropriate under certain conditions. Epidiolex was authorized by the FDA in 2018, making it permissible to prescribe in Idaho. According to Idaho code S37-2701(t), CBD and CBD products are lawful only if they contain no THC and are produced from one of five parts of the cannabis plant:
  • Stalks on the plant that are fully developed
  • The fibers are generated from the stalks.
  • Cake or oil made from the plant's seeds
  • Other than that, any other mature stalk derivative, salt, or mixture
  • A sterile seed of a plant that cannot germinate
If a CBD product doesn't fulfill these criteria, it is considered a restricted drug under state law. Under Idaho code S37-2701(t), hemp extract is considered a controlled substance if it doesn't fulfill the above rules. In 2018, Idaho has yet to pass new CBD legislation in reaction to the 2018 Farm Bill. A bill to legalize hemp under the federal 0.3 percent THC threshold, as well as its transportation across state lines, was approved by the House and Senate, but it stopped when the house rejected Senate amendments to the bill in Congress.

Licensing Requirements

Because the legal CBD product window is so restricted in Idaho, there are no state licensing or sale rules for CBD oil at this time. Cities have the authority to issue permits to sell CBD or run a store that sells CBD oil; however, they may or may not demand test results from potential merchants to verify that their CBD products meet state standards. By Idaho state legislation, cannabis or hemp products that do not comply with legal criteria are classified as a Schedule 1 drug and treated as such by law enforcement. The manufacture, sale, or transportation of 1 pound (0.5 kg) or more, but less than 5 pounds (11.3 kg) of marijuana is punishable by at least one year in prison and a $5,000 fine. Cultivating or selling marijuana between 5 and 25 pounds (2.3 and 11.3 kg) is punishable by a minimum of three years in prison and a $10,000 fine. A sentence of five years and a fine of $50,000 is the minimum and maximum penalty for cultivating, selling, or transporting 25 pounds or more of cannabis. The maximum penalty for selling or delivering marijuana in Idaho is 15 years imprisonment and a fine of $50,000.

Where to Buy CBD Products Legally In Idaho

Many cities in Idaho have CBD businesses and shops, most of which claim to sell items that meet state requirements for lawful CBD oils and other products. Unfortunately, stringent limits and a lack of laws make it very difficult for customers to know if what they're buying has no THC or less than 0.3 percent CBD as required by law. There are also some sellers who sell hemp-derived CBD oil on the internet, but it's even less likely to be compliant with Idaho state laws. CBD oil that meets state requirements can be found in vape stores, head shops, and natural health retail outlets.

Medical Cannabis in Idaho

The Idaho Medical Marijuana Act would provide legal and criminal protections for individuals who obtain a prescription from a medical doctor to utilize cannabis in the treatment of a serious illness. It would also instruct Idaho's Department of Health and Welfare to establish a system of safe access for registered patients by licensing and regulating dispensaries and medical marijuana producers. Patients would be allowed to possess up to four ounces of medical marijuana and designate another person to act as their caregiver, who may help them with their cannabis use. Patients who want to cultivate marijuana at home or have a caregiver grow for them may do so under the department's hardship program. When the measure is passed, the department will have 120 days to develop implementing rules. Regulators would be in charge of formulating regulations for medical marijuana facility operators, including those on public safety, product testing, packaging, labeling requirements, pesticide use, and advertising. The Department of Agriculture is authorized to collect fees, and a 4% retail excise tax on medical cannabis is imposed to cover operating expenses. Any extra money would be distributed equally between the Idaho Division of Veterans Services and the state's General Fund.

Possession limits

In Idaho, possessing any CBD product without a valid prescription is considered marijuana possession. Possession of fewer than 3 ounces, or 85 grams, of any substance the state classifies as marijuana is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Possession of more than three pounds, or 85 grams, of marijuana, is punishable by maximum five-year imprisonment and a maximum $10,000 fine.

3. Notes

  1. Geoffrey William Guy; Brian Anthony Whittle; Philip Robson (2004). The Medicinal Uses of Cannabis and Cannabinoids. Pharmaceutical Press. pp. 74–. ISBN 978-0-85369-517-2.
  2. Bloomsbury Publishing (2010). Dictionary of Medical Terms. Bloomsbury Publishing. p. 139