Is CBD legal in Idaho?
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- What is CBD?
- Why is CBD sometimes illegal?
- Idaho CBD laws
- Where to buy CBD in Idaho
- How to read CBD labels and packaging
If you’re confused about the legal status of cannabidiol (CBD), you’re not alone. Rules vary from state to state, the federal to state level and even from city to city. Even though hemp-derived CBD became federally legal in 2018, the ultra-low THC formulas remain illegal in Idaho unless they contain zero THC and are manufactured from one of the approved components of the plant, mainly the plant’s mature stalks or sterilized seeds.
Any non-FDA approved CBD products with any amount of THC are still considered a controlled substance in Idaho.The only legal exception for medical CBD is Epidiolex, the pharmaceutical grade, FDA-approved CBD oil made by GW Pharmaceuticals.
When you live in a state where local laws surrounding hemp and CBD oil are stricter than federal law, it can be incredibly difficult to know how, when, and where to buy a CBD product that won’t put you at legal risk.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis, and the second-most-prominent in the plant after THC, which is largely responsible for the intoxicating high. CBD is sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have been cultivated recently.
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
f The 2018 Farm Bill made hemp an agricultural commodity and its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana means cannabis with more than 0.3% THC. This distinction in federal lawt effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it’s been cultivated under federal and state regulations. However, in Idaho the state regulators ignore the federal limits. Even farmers must be licensed to legally grow industrial hemp.
Under the 2018 Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive. The FDA has already maintained that even hemp-derived CBD may not be added to food and beverages, or marketed as a dietary supplement. And though the organization has begun to re-evaluate some of these stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its stance against any labeling that could be perceived as a medical claim about CBD.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
In addition to federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.
Idaho CBD laws
In 2015, the Idaho legislature passed SB 1146, which would have legalized the use of CBD oil with no more than 0.3% THC for uncontrolled epilepsy. The bill also proposed legal protection for parents to obtain CBD oil out of state. The bill was vetoed by Republican Gov. Governor C.L. “Butch” Otter, who instead issued an executive order for an Expanded Access Program to allow children with intractable epilepsy to take the FDA-approved Epidiolex. Because Epidiolex was approved by the FDA in 2018, it is now legal to prescribe in Idaho.
According to Idaho code S37-2701(t), CBD and CBD products are legal only if they contain zero THC and are derived from one of five parts of the cannabis plant:
- Mature stalks of the plant
- Fiber produced from the stalks
- Oil or cake made from the seeds of the achene of the plant
- Any other compound, salt, derivative, mixture, or preparation of the mature stalks
- A sterilized seed of the plant incapable of germination
If a CBD product doesn’t meet these requirements, state law considers it a controlled substance. Hemp also is considered marijuana under Idaho code S37-2701(t), which makes hemp extract a controlled substance if it doesn’t meet the above requirements.
As of 2019, Idaho has yet to enact new CBD legislation in response to the 2018 Farm Bill. A bill to legalize hemp under the federal 0.3% THC standard, as well as its transportation across state lines, was passed by the House and Senate, but died when the house rejected Senate amendments to the bill.
Laws and regulations regarding CBD are evolving nationwide. Photo by: Gina Coleman/Weedmaps
Licensing requirements for CBD
As the window for legal CBD products is so narrow under Idaho state law, there are currently no state licensing or sale regulations for CBD oil. Permits to sell CBD or operate a storefront that sells CBD oil are under the jurisdiction of cities, which may or may not require lab test results from prospective retailers to prove that their CBD products meet state requirements.
Sales of CBD products that don’t fit legal requirements will be treated as marijuana, and therefore a Schedule 1 substance by Idaho law enforcement. Cultivation, sale or delivery of 1 pound (0.5 kilograms) or more, but less than 5 pounds (11.3 kilograms) of marijuana will receive a minimum prison sentence of one year and a $5,000 fine. The penalty for cultivating or selling between 5 and 25 pounds (2.3 to 11.3 kilograms) of mariuana is a minimum of a three-year prison term and $10,000 fine. Cultivation, sale or delivery of 25 pounds or more of marijuana results in a minimum five-years prison sentence and a maximum fine of $50,000. Maximum prison sentences for sale or delivery of marijuana in Idaho are 15 years, with a maximum fine of $50,000.
Idaho CBD possession limits and penalties
Possession of any CBD product without a legal prescription is charged as possession of marijuana in Idaho. Possession of less than 3 ounces, or 85 grams, of any product the state defines as marijuana will be treated as a misdemeanor, with a maximum one year imprisonment and a $1,000 fine. Possession of more than 3 ounces, or 85 grams, of marijuana results in a maximum five-year prison sentence with a maximum $10,000 fine.
Where to buy CBD in Idaho
Several Idaho cities have CBD retailers and storefronts, most of which claim to sell products that comply with state requirements for legal CBD oils and other products. Unfortunately, tight restrictions and lack of regulations make it difficult for consumers to know for sure whether what they have purchased CBD with zero THC as required by law. CBD oil also is available from online retailers, but it is even less likely to be in line with Idaho state legal requirements.
How to read CBD labels and packaging
The 2018 Farm Bill shifted oversight from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). As the FDA slowly begins to make new regulations for CBD products, the market remains largely buyer beware. Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels.
Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving.
- Supplement Fact panel, including other ingredients.
- Net weight.
- Manufacturer or distributor name.
- Suggested use.
- Full spectrum, broad-spectrum, or isolate.
- Batch or date code.
Is CBD legal in Idaho? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Idaho CBD laws Where to buy CBD
CBD in Idaho: ID State Laws and Where to Buy Legally
CBD Oil Legality in Idaho: Cannabidiol State Law Regulations in ID, USA
Idaho is known as one of the biggest producers of potatoes and potato chips in the entire country. The state has a booming economic industry and has been praised many times over the years for the efficiency of their agricultural sector. But the state has never scored points when it comes to their view on drugs and therapeutic substances. In fact, the state is one of the few states remaining in the continental U.S. that does not have any kind of medical, recreational, or hemp pilot program for the derivatives of the marijuana plant.
Idaho has had its fair share of attempts to legalize CBD products, with a law in 2015 attempting to legalize CBD so long as it doesn’t have a significant amount of THC within its compound. This law as unfortunately vetoed by the governor, and few attempts have been made to legalize non-THC CBD since that law failed to be put into place. Without a medicinal program or a recreational adult-use cannabis framework in place, Idaho is among the slowest states to embrace the benefits of CBD.
Still, the Farm Bill technically made the industrialized hemp industry legal in all fifty states. This creates an important question of legality, both in possession and purchase, for citizens of Idaho interested in trying a variety of CBD products derived from the hemp plant.
Types Of CBD In Idaho
Idaho has an incredibly small selection of available CBD products for its citizens. First of all, the state does not have any kind of framework in place for the legal use of recreational or medicinal marijuana. This means that it is not legal to possess any CBD which contains a derivative of the marijuana plant. CBD with THC content is legal in some way in most states, but Idaho is in many ways an exception to this rule. There is no legal way for patients or regular adults to access marijuana or THC-containing CBD.
CBD without THC in it is another story, though. In most states, CBD with little-to-no THC content can be found in food health stores, in grocery stores, and even in some gas stations. In addition, both THC-containing and THC-free CBD can be found within most head shops and smoke shops, and even in vape shops in its smokable forms.
But in Idaho, CBD of any kind of not legal within state borders. While CBD without major THC in it is not banned from possession, it is very seldom sold within the state, especially because of Idaho’s difficult and often-confusing laws on the CBD and industrial hemp market. As a result, consumers in the state either have to go onto the internet or go without CBD entirely if they reside in Idaho permanently.
Age Restrictions For CBD In Idaho
Because the state continues to be so hard on CBD, it might be difficult for adults to even gain access to CBD in the first place. But if CBD is sold within the state of Idaho, it is typically only going to be sold to constituents of legal age, either eighteen or twenty-one depending on the jurisdiction and specific rules.
Within smoke and head shops, the typical age to even enter the establishment is usually either eighteen or twenty-one. So if the CBD product is sold within one of these stores, users should make sure that they are of legal age before entering and attempting to buy CBD products. As always, consumers should inquire to authorities within their own jurisdiction for more information.
Where To Find Idaho CBD
CBD is exceedingly hard to find in Idaho. The state has not yet legalized the hemp industry, despite a notable attempt by its legislature back in 2015. Any amount of THC in a product still makes the product a scheduled substance, so users have no hope of legally acquiring CBD with a significant THC content.
For CBD with no THC in it, though, the difficulty is still very much present. An Idahoan’s only true hope at getting legal CBD in the state is to get it through the internet.
Buying CBD Online In Idaho
A big hope for consumers in Idaho is the ever-expanding online CBD industry. Though local jurisdictions might have their own laws on the possession of the substance and users should make sure to operate within the confines of these local laws, it might be possible to obtain CBD in Idaho by ordering it online.
Beware, though, that some online retailers might not ship to Idaho because of the state’s strict laws against cannabis and hemp-derived products.
Future Legality Of Idaho CBD
Hopefully Idaho will begin to relax some of its laws on hemp and cannabis-based products. For now, the state is very hard on both sets of products, creating a complicated legal framework that continues to confuse and annoy consumers in this growing market for CBD.
CBD in Idaho: ID State Laws and Where to Buy Legally CBD Oil Legality in Idaho: Cannabidiol State Law Regulations in ID, USA Idaho is known as one of the biggest producers of potatoes and