Is CBD Oil Legal in Idaho?

Yes, CBD oil is legal in Idaho, but only if it meets two conditions: 

• It does not contain any quantities of THC (tetrahydrocannabinol). 
• It is derived from one of the five identified parts of the hemp plant (primarily from its mature stalks and seeds). 

If a CBD product fails to meet both of these standards, it’s considered illegal in Idaho. 

Even though hemp and hemp-derived products that contain no less than 0.3 percent THC are federally legal, states can still pass their own laws. When you live in a state where hemp laws are stricter than the federal law, it can be challenging knowing how to navigate the CBD journey without putting yourself at risk. 

So let’s dive into the essentials—is CBD oil legal in Idaho? 

Idaho & Hemp: It’s Complicated

Per Idaho code S37-2701(t), any plant material and product that contains THC is classified as marijuana and a controlled substance in the state. 

The following key bills and events have tested this code; they wanted to ease regulations around CBD and become more aligned with federal law. They also illustrate the divide and opposition Idaho has faced over the regulation of CBD.

2015 - SB 1146

CBD was a key topic in the Idaho legislature session in 2015. SB 1146 would have allowed children who had a certain medical condition to access CBD oil with no more than 0.3 percent of THC outside of the state. 

Groups like the Idaho State Police and Department of Health and Welfare (DHW) expressed opposition against this bill due to concerns on: 

• Lab testing and product purity
• Product quantity and interactions
• Law enforcement

Critics felt SB 1146 violated the federal government’s ban on marijuana and would create a plethora of legal headaches throughout the state. Despite opposition, the House and Senate passed SB 1146; all was left was for Governor C.L. “Butch” Otter to sign and approve it. 

2015 - Expanded Access Program (EAP)

Otter vetoed SB 1146. The governor stated it carried too many problems and not enough solutions to turn the bill into law. Otter instead issued an Expanded Access Program (EAP). 

This program would provide for children with a certain medical condition to access Epidiolex. 

Epidolex would later be officially certified as the first FDA-approved drug derived from cannabidiol in June 2018. Idaho followed suit with this approval and made Epidolex available in the state via prescription. 

2019 - HB 122

The 2018 Farm Bill officially removed hemp from the Controlled Substances Act and allowed interstate commerce of industrial hemp on the federal level. 

So in 2019, Idaho’s House and Senate proposed HB 122—a bill that strove to establish new CBD standards that were more aligned with the federal law. A few key components of HB 122 were: 

• Legalizing hemp that carried no more than 0.3 percent THC. 
• Allowing hemp to be transported across states lines in Idaho. Individuals would have to acquire a permit from the Department of Agriculture. 
• Establishing a state plan that would allow farmers to grow hemp. 

This bill unfortunately died. The House suspended the bill after the Senate requested law enforcement changes to be made to it. 

2019 - HB 300

The House then proposed another bill—HB 300. This would allow interstate transport of hemp only, but this was also killed. The Senate kicked it back with amendments. They explained this bill would technically create a state hemp program, which would then raise the same issues they had with HB 122.

CBD Oil in Idaho: 2020 and Beyond

With the rejection of HB 122, hemp is still considered marijuana and illegal if it carries any amount of THC. Only THC-free CBD is legal in the state.

However, due to the tight limits on CBD under Idaho’s laws, there are currently no state licensing or sale regulations for CBD oil. Acquiring a permit to sell CBD or open up a storefront is under the jurisdiction of the cities. 

Thus, a product may or may not be required to undergo third-party lab testing. This leaves Idaho in a bit of a gray area when it comes to providing consumers with legal/THC-free CBD. 

But lawmakers are not giving up. In early 2020, Representative Dorothy Moon announced plans for another attempt at legalizing hemp. This bill would remove hemp and hemp products with less than 0.3 percent THC from Idaho’s list of controlled substances. We’ll have to wait and see how Idaho’s hemp laws evolve in the coming months and years. 

Where to Buy THC-Free CBD in Idaho

Per state law, Idaho residents should purchase and use CBD products with zero percent THC. You can purchase THC-free products at brick and mortar shops and online stores across the state. 

Because there aren’t any licensing and sale regulations in the state, it’s important to be extra cautious when looking into the quality and ingredients of CBD products. This means ensuring you have access to third-party lab test results. That way, you can verify whether the product contains any THC and abides by state law. 

Idaho’s CBD journey illustrates how important it is to continuously monitor state and local laws before purchasing CBD. CBD laws change and differ across states and even counties. Therefore, it’s vital to protect yourself and your loved ones by keeping updated with the latest news. 

Stay Educated and Protected with Hemplucid

If you’re interested in learning more about THC-free CBD, check out Hemplucid’s zero THC product line. From tinctures to gummies, we’ve got you covered in finding supplements that will keep you within legal bounds, and information to help you make educated decisions. 

Each of our products comes with a QR code that takes you to its Certificate of Analysis (COA). You can read up on the lab results to ensure you’re getting high-quality, THC-free products.