Idaho Declares Hemp Products Will Be Illegal

Idaho Declares Hemp Products Will Be Illegal

Idaho is one of the only US states to disallow all quantities of THC 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.

Hemp Pet Products

The Department of Agriculture is concerned about the amounts of hemp put into animal medicinal products. They state their concern is for the health of the animals in Idaho. The issue is how accurate the nutritional claims on the labels are when purchasing a particular product. All products containing hemp must be removed by November 1st, 2022.

The legalization of hemp growing in Idaho was a challenge due to the legitimate concerns from law enforcement. The state police have limited resources to determine what is hemp and what is marijuana.  Several local stores have begun to protest the move by the Idaho Department of Agriculture.  Pet owners say the pet hemp supplements aid dogs in dealing with pain.

Idaho and Delta 8 THC

No hemp-derived product can carry any percentage of THC or its isomers, as outlined under House Bill 126 and in the Idaho Uniform Controlled Substances Act.

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.

Idaho also bans all THC isomers or their synthetic derivatives, including Delta 10, THC-O, THCP, and HHC. The state even restricts hemp-derived CBD products from carrying any THC. Likewise, marijuana is strictly forbidden. Penalties for marijuana-derived delta-8 possession are harsh. Possession of 3 ounces or less is punishable by up to 1 year in prison and a fine of up to $1,000.

CBD in Idaho

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 percent THC.


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