December 04, 2020 6 min read

A map showing Idaho and neighboring states

With the federal legalization of industrial hemp products, state’s were granted the right to impose their own laws regarding hemp-derived CBD. This makes the industry hard to navigate and leaves many people wondering “is CBD legal in Idaho?”

The answer isn’t as straightforward as you may have hoped. Idaho is one of the few states that kind of “straddles the fence” of CBD legality.

Some CBD products are legal and accessible within the state, but there are strict regulations as to what qualifies as a “legal” CBD product.

Before you buy, these are the Idaho CBD laws you need to know:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Idaho?
Is full spectrum CBD legal in Idaho
Does Idaho have a CBD possession limit?
Can doctors prescribe CBD in Idaho?
Where to buy CBD in Idaho?
How old do you have to be to buy CBD in Idaho?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

  • Idaho has legalized certain forms of CBD, but they must meet strict requirements. For instance, they may not contain any amount of THC and must be derived only from one of the parts of the hemp plant deemed legal by the state.
  • Idaho has made several attempts at updated CBD, industrial hemp, and medical cannabis legislature, but so far all have failed.
  • Doctors in Idaho may prescribe CBD to qualifying patients, but only the FDA-approved Epidiolex is available by prescription.
  • CBD may be accessible at a variety of locations in Idaho, but it is not well regulated. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

A bottle of CBD oil, a popular type of CBD product that can be found in Idaho.

What are the CBD laws in Idaho?

Idaho CBD laws are unique in nature. Many states (like Colorado and Arkansas) have legalized industrial hemp products with less than 0.3% THC, while others (like Hawaii) still prohibit CBD products altogether. Idaho's restrictions fall somewhere in the middle, only allowing CBD that meets strict guidelines.

Idaho code S37-2701(t) suggests that CBD products are only legal in the state if they contain 0% THC and are made from parts of the hemp plant considered to be legal by the state. In other words, legal CBD products in Idaho must contain no THC and must be made from either hemp stalks or stalk fibers or hemp seeds when either sterilized or processed into oil.

Any form of CBD that contains THC or is made from a prohibited part of the cannabis plant (such as the flowers) is considered a marijuana substance. Marijuana is a controlled substance within the state.

The state attempted to pass SB 1146 in 2015, a bill that aimed to legalize CBD products containing 0.3% THC or less for patients with intractable epilepsy. The bill failed, however, when it was vetoed by Idaho Governor C.L. "Butch" Otter. Instead, he issued an executive order to expand access to Epidiolex, a CBD-based pharmaceutical for treating epilepsy, which was approved by the FDA in 2018.

The state has also made several attempts at updating industrial hemp laws to more closely match federal regulations, but every attempt so far has failed.

Is full spectrum CBD legal in Idaho?

According to state legislation, a product that contains any amount of THC is considered a controlled substance. Therefore, full spectrum CBD is considered illegal by the state of Idaho. CBD isolate may be a more suitable choice for residents of Idaho.

Does Idaho have a CBD possession limit?

Idaho has strict regulations regarding what qualifies as a legal CBD product in the state. However, they have not imposed any possession limits on CBD products that meet these strict standards.

Can doctors prescribe CBD in Idaho?

Typically, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. However, there is no medical cannabis program in Idaho, and doctors currently can only prescribe the FDA-approved CBD medication Epidiolex.

Where to buy CBD in Idaho?

A CBD oil tincture, which may be accessible in stores and online in Idaho

In Idaho, there are multiple vendors who claim to offer CBD products that meet state regulations. However, the state does not regulate licensing for CBD vendors and instead leaves it up to local jurisdiction.

You may be able to find CBD across the state, but this lack of consistent regulation can be risky.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

How old do you have to be to buy CBD products in Idaho?

The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Only Epidiolex, an FDA-approved medication, is available by prescription for children with certain severe forms of epilepsy.

In Idaho, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.

Many CBD brands allow customers who are 18 or older to order online and will ship CBD products to Idaho, but you need to ensure that the products meet local guidelines.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Idaho under strict stipulations , but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “TITLE 37: FOOD, DRUGS, AND OIL, CHAPTER 27, UNIFORM CONTROLLED SUBSTANCES” https://legislature.idaho.gov/statutesrules/idstat/title37/t37ch27/sect37-2701/
  3. “Senate Bill 1146” https://legislature.idaho.gov/sessioninfo/2015/legislation/s1146/
  4. “House Bill 122” https://legislature.idaho.gov/sessioninfo/2019/legislation/H0122/
  5. “FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy” https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms

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