Between its glorious swaths of wide-open prairies, abundance of National Parks and charming, historical towns, the “Gem State” teems with treats for the senses. Whether you’ve just arrived for a stargazing trip at the only dark-sky reserve in the nation or have called Idaho home for decades, chances are high you’ve been touched by the state’s warm, welcoming vibe.
But is Idaho as open to CBD use? To a degree.
Presently, only THC-free CBD is legal in Idaho.
Unlike its neighbors to the west, Idaho has some of the strictest cannabis regulations in the country: The only CBD that’s legal in the state is hemp-derived CBD isolate — or CBD that has been completely stripped of THC. Nonetheless, Idahoans can enjoy the purest form of CBD and its potential wellness benefits.
CBD Laws in Idaho: What You Need to Know
In 2018, the U.S. Farm Bill — or the U.S. Agricultural Act — was signed into law, legalizing the commercial cultivation and use of hemp-derived, low-THC at the federal level. To fall within federal guidelines, the amount of THC in CBD must not exceed 0.3%.
This doesn’t apply to Idaho, however. The state has yet to pass legislation in response to all aspects of the Farm Bill. This is what is and is not legal in the potato capital of the U.S:
- Concentration – The Idaho Office of Drug Policy explicitly states that the only CBD that is legal in the state contains zero THC. Any cannabidiol that contains THC, even the low amounts dictated by the federal government, is deemed a Schedule I controlled substance under Idaho Code §37-2705. The only exception to this? Patients who are granted a prescription to the medical-grade, FDA-approved drug Epidiolex under Idaho’s Expanded Access Program (EAP).
- Material – THC-free CBD must be derived from one of five identified components of the cannabis plant: mature stalks, fiber produced from the stalks, oil or cake made from the seeds of the achene (or dried fruits) of the plant, derivatives of the mature stalk and sterilized seeds.
- Production – In 2021, House Bill 126 was signed into law, authorizing the production and handling of industrial hemp in Idaho. CBD that is in accordance with the 2018 Farm Bill may also be transported through Idaho’s state lines.
- Labeling – Under the 2018 Farm Bill, the Food and Drug Administration (FDA) regulates the marketing of CBD products, which cannot be sold as a dietary supplement, integrated into food and beverages or include therapeutic claims on its packaging. In Idaho, CBD must be labeled as THC-free.
- Pet CBD – As of November 1, 2022, the sale of CBD products for pets is prohibited in Idaho.
Is CBD Legal in Idaho?
Presently, only THC-free CBD is legal in Idaho. True, CBD that contains 0.3% or less of THC is legal at the federallevel but Idaho law enforcement treats the possession of non-THC-free CBD as marijuana; those that are caught with three ounces or more may be charged with a misdemeanor or a felony, respectively.
Here’s the good news: THC-free CBD may offer a host of benefits, including a healthier, happier mood. THC-free CBD is also an excellent option for those who must refrain entirely from THC, whether because they’re required to take drug tests or have an adverse response to full or broad-spectrum CBD products (which feature trace levels, or 0.3% or less, of THC).
Can I Buy CBD in Idaho?
Yes, individuals are free to purchase THC-free CBD in Idaho — but only in certain places. The sale of CBD is under the jurisdiction of cities. Each city has the right to authorize the sale of THC-free CBD (or not) and give out permits to sellers, whether it’s at a vape shop or health and wellness retailer.
If you haven’t been able to locate THC-free CBD in your area, consider heading towards one of the larger cities in the state, such as Boise, Twin Falls or Coeur D’Alene.
Can I Buy CBD Online?
This is where the law is a bit… gray. Because hemp-derived, low-THC (0.3% or less) is legal at the federal level, individuals in Idaho may purchase CBD online. As mentioned, however, possession of CBD containing THC is illegal in the state and punishable by law.
Fortunately, there are hundreds, if not thousands, of reputable online retailers that sell THC-free CBD products, as well as low-THC products that are, again, federally legal. Indeed, shopping for CBD products online gives you a greater selection of products and manufacturers from which to choose. Go with a high-rated brand, such as Zebra CBD, that uses only organic hemp, submits their products to multiple third-party testing and provides a Certificate of Analysis (COA) and/or a Label Accuracy Guarantee.
Can I Buy CBD at a Dispensary?
Certainly. Idaho has dispensaries throughout the state that offer an array of THC-free CBD products, including oils, tinctures and more. Prior to setting off, check out the dispensary’s website to guarantee their products are submitted to accredited labs for testing.
Legal Status of CBD in Idaho
THC-free CBD is legal in Idaho. Please keep in mind that CBD laws are subject to change — and Idaho may, in time, create more legislation in response to the 2018 Farm Bill.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in Idaho?
Yes, but only THC-free CBD is legal. Full and broad-spectrum CBD products, which contain a THC concentration of 0.3% or less, are illegal at the state level.
2. How old do you have to be to buy CBD in Idaho?
There are no age restrictions to purchase THC-free CBD. However, a retailer may impose age restrictions — typically, this is 18 or 21 and over.
3. Can I sell CBD products in Idaho?
This depends on the city in which you live, but all products must not contain THC and only be made out of mature hemp stalks, fiber produced from the stalks, oil or cake made from the seeds of the achene (or dried fruits) of the hemp plant, derivatives of the mature stalk and sterilized seeds.
Source:
Idaho Office of Drug Policy. Cannabidiol (CBD). https://odp.idaho.gov/cannibidiol/
U.S. Food & Drug Administration. Hemp Production and the 2018 Farm Bill. https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019
Medical News Today. What to Know About CBD Isolate. https://www.medicalnewstoday.com/articles/cbd-isolate
Idaho.gov. House Bill No. 126 (2021). https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2021/legislation/H0126.pdf
East Idaho News. Idaho Gets Ok to License Farmers to Grow and Transport Hemp. https://www.eastidahonews.com/2021/11/idaho-gets-ok-to-license-farmers-to-grow-and-transport-hemp/
