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With the federal legalization of industrial hemp products, states can impose their own laws regarding hemp-derived CBD, leading many to wonder, "Is CBD legal in Idaho?"
The answer is complicated, as Idaho is one of the few states that straddles the fence on CBD legality. While some CBD products are legal and accessible in the state, strict regulations dictate what qualifies as a legal CBD product.
Before you buy, it’s essential to understand Idaho's CBD laws, including those related to CBD oil in Idaho and full spectrum CBD oil in Idaho.
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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Idaho's unique CBD laws permit only THC-free products derived from specific legal parts of the hemp plant, reflecting a restrictive approach compared to other states, as evidenced by failed legislative efforts to expand access to broader CBD options and the focus on FDA-approved Epidiolex for epilepsy treatment.
Here are the details:
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.
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.
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.
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.
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.
The legal age to buy CBD in Idaho is somewhat ambiguous, as there are no statewide regulations governing this aspect. In theory, CBD should be accessible to all ages, particularly since it is popular for treating various childhood illnesses; however, only Epidiolex, an FDA-approved medication, is available by prescription for children with specific severe forms of epilepsy.
Regulations may vary by jurisdiction and are often influenced by individual sellers. Due to the legal age for tobacco products being raised to 21, many smoke shops may require customers to be at least 21 to purchase CBD.
Nevertheless, many CBD brands allow customers who are 18 or older to order online and will ship CBD products to Idaho, provided the products adhere to local guidelines.
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.
Yes, you can purchase CBD in Idaho, but it must comply with state regulations, meaning it must contain 0% THC and be derived from legal parts of the hemp plant, such as hemp stalks or seeds. Many online retailers will ship CBD products to Idaho, but ensure that they meet local guidelines.
While most states have legalized some form of CBD, Idaho and a few others, like Nebraska and South Dakota, have more restrictive laws. In these states, CBD products must meet specific criteria to be considered legal.
CBD is not classified as a drug under federal law, but it is regulated by the FDA. The only FDA-approved CBD product is Epidiolex, which is prescribed for certain medical conditions, such as severe epilepsy.
In Idaho, the only legal form of CBD is that which contains 0% THC and is made from the hemp stalks or seeds. This means that full-spectrum CBD oils, which may contain THC, are not legal in the state.
No, CBD is not the same as marijuana. While both are derived from the cannabis plant, CBD products are typically derived from hemp, which contains low levels of THC (0.3% or less), whereas marijuana usually contains higher levels of THC and is classified as a controlled substance in many states, including Idaho.
Many users report that CBD helps reduce anxiety, and some studies support its potential effectiveness. However, more research is needed to fully understand its impact on anxiety disorders, and individual experiences may vary.
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