February 16, 2021 7 min read

Hemp derived cannabinoids like Delta-8-THC are constantly gaining popularity, but the legality of hemp products is often unclear. This is even more true in places like Idaho, where CBD regulations are notoriously strict. Is Delta-8-THC legal in Idaho?

Unfortunately, the state seems to align with Montana, a neighboring state with a ban on all forms of THC and it’s isomers. That means that Delta-8 is illegal in Idaho. According to state definitions, the mildly psychoactive cannabinoid may even be classified as “marijuana.”

Here are the gritty details of Idaho’s Delta-8 laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Idaho Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Idaho?
Delta-8-THC Possession Limits in Idaho
Is Delta-9-THC Legal in Idaho?
Where to Buy Delta-8 in Idaho
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Idaho, however, prohibits all forms of THC except for up to 0.3% in dry hemp material. THC and it’s isomers, salts, and other derivatives are considered “marijuana” by state law, which is illegal.
  • Idaho laws prohibit the sale of Delta-8 within the state, so Delta-8-THC is not easily accessible.
  • In legal areas, many people buy Delta-8-THC products made from hemp online.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

Two flowering hemp plants, the main source of legal Delta-8-THC products.

Idaho Delta 8 THC Laws

In general, Idaho’s hemp and CBD laws are pretty strict. They have legalized hemp on a state scale, but CBD products made from hemp must not contain any amount of THC.

Similarly, these hemp laws prevent Delta-8-THC from being manufactured and sold in the state. Idaho defines hemp similarly to the federal definition, but declares that any hemp that “contains more than three-tenths of one percent (0.3%) of any of the chemical substances classified as tetrahydrocannabinols” is classified as “marijuana” and is therefore prohibited.

The state’s legal definition for tetrahydrocannabinols includes Delta-9-THC and all salts, isomers, and derivatives of tetrahydrocannabinols. Therefore, any hemp material or products that contains more than 0.3% Delta-8-THC is considered “marijuana” by state law and is prohibited.

Here’s the official text:

HOUSE BILL NO. 122

AN ACT

RELATING TO HEMP; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 17, TITLE 22, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE A TERM, TO PROVIDE FOR RESEARCH AND PRODUCTION OF HEMP, AND TO PROVIDE FOR THE REGULATION OF HEMP; AMENDING SECTION 37-2701, IDAHO CODE, TO REVISE A DEFINITION AND TO DEFINE A TERM; AMENDING SECTION 37-2705, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR CERTAIN HEMP REGARDING TETRAHYDROCANNABINOLS; AND AMENDING SECTION 37-2732, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.

22-1703. DEFINITION.

As used in this chapter, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

37-2701. DEFINITIONS.

(p) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, the research and development of which, among other activities, are expressly authorized by chapter 17, title 22, Idaho Code.

(u) “Marijuana” means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include hemp or the mature stalks of the plant unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains more than three-tenths of one percent (0.3%) of any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is “marijuana” as defined and prohibited herein.

37-2705. SCHEDULE I.

(d) Hallucinogenic substances. (27) Tetrahydrocannabinols, except in hemp with no more than three-tenths of one percent (0.3%), or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following:

  1. Tetrahydrocannabinols:
  2. ∆ 1 cis or trans tetrahydrocannabinol, and their optical isomers, excluding dronabinol in sesame oil and encapsulated in either a soft gelatin capsule or in an oral solution in a drug product approved by the U.S. Food and Drug Administration.
  3. ∆ 6 cis or trans tetrahydrocannabinol, and their optical isomers.
  4. ∆ 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.)

Is Delta-8 a Controlled Substance in Idaho?

According to Idaho state law, tetrahydrocannabinols are all classified as the same substance. The state makes no differentiation between Delta-9-THC and other forms of THC, even in material classified as hemp. By definition, any amount of any form of THC (aside from up to 0.3% in dry hemp material) is classified as “marijuana” and is therefore a controlled substance.

Therefore, Delta-8-THC is classified as a controlled substance by the state of Idaho.

Delta 8 THC Possession Limits in Idaho

Because Delta-8 is illegal in Idaho, there are no defined possession limits for the cannabinoid.

Is Cannabis (Delta 9 THC) Legal in Idaho?

No. Cannabis is illegal in Idaho for both recreational and medicinal purposes. The state of Idaho only allows CBD products with 0% THC. Possession of any amount of “marijuana” up to 3 ounces is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Larger amounts can garnish a $10,000 fine and up to five year in prison.

Where to Buy Delta 8 in Idaho?

Delta-8-THC vape pens, which are one of the most popular products found in stores and online where Delta-8 is legal.

Delta-8-THC is illegal in Idaho and cannot be legally purchased in the state, although the local hemp market varies greatly since Delta-8 is legal in some neighboring states, like Washington and Oregon. There have been reports of Delta-8 products circulating the state, but buying, selling, and possessing these products may be subject to legal penalties.

In places where Delta-8-THC is legal, many people prefer to shop online. It's advisable to proceed with caution when choosing a Delta-8 distributor. Shopping online allows you to buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is illegal in Idaho according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “HB 122” https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2019/legislation/H0122.pdf
  5. “TITLE 37, FOOD, DRUGS, AND OIL, CHAPTER 27, UNIFORM CONTROLLED SUBSTANCES, ARTICLE II” https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2705/

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