Cannabis and hemp is a plant containing up to 113 known cannabinoids, including several different types of THC. The best-known type of THC is D9-THC.

No, all forms of THC are currently illegal in Idaho. Idaho has extensive laws detailing how the different types of THC are illegal. D8-THC is illegal in Idaho. Idaho law never changed and maintains all forms of the THC molecule are illegal in Idaho, regardless of federal law.

Below we’ll take a full look at what D8-THC actually is, what its legal status is in Idaho, and can you still access it in Idaho — even if federal law allows you to have certain molecules from hemp.

Penalties & Fines For Marijuana Possession In Idaho

Idaho law can treat delta 8 THC and all other forms of THC as marijuana.

Quantity ClassificationPossible FinePossible Incarceration
>3 OuncesMisdemeanorUp to $1000Up to 1 year of incarceration
3 Ounces to 1 PoundFelonyUp to $10,000Up to 5 years of incarceration

No. THC and all its different potential forms, including delta 8 THC, is illegal in Idaho.

Illegal marijuana in Idaho is defined as cannabis with any detectable amounts of THC.

Delta 8 THC is defined by Idaho standards as illegal marijuana.

It doesn’t matter what federal law says or the recent updates to the Farm Bill, individual states can make their own laws.

Furthermore, marijuana is a federally controlled substance

Delta 10 THC is still a type of illegal THC, specifically called an isomer.

Isomers are essentially the same molecules and atoms, except the same “legos” are arranged a bit differently.

Regardless is it’s a delta 8, delta 9, delta 10, etc, Idaho law is clear that all forms (isomers) are illegal.

What’s The Future Of Delta 8 THC In Idaho?

With Idaho taking one of the more aggressive stances against marijuana, there are still large groups of residents who support legalization.

While nearly every state surrounding Idaho has legalized cannabis, in some way, Idaho remains firm.

Even in states that have legalized marijuana, certain states (with more following) are banning delta 8 and delta 10 THC.

Most companies selling delta 8 THC are claiming that this molecule naturally exists in hemp, which is true (to a degree).

However, most all companies who are actually making and manufacturing delta 8 are not actually extracting the substance from the hemp plant.

Instead, manufacturers are taking CBD isolate and putting it through a conversion process, and making CBD transform into delta 8 THC.

With this in mind, the future of delta 8 THC legalization doesn’t appear to look good any time soon.

What is D8 THC?

According to the National Cancer Institute, Delta-8-Tetrahydrocannabinol (D8-THC) is very similar to the more common D9-THC.

Properties of D8-THC.

  • Antiemetic
  • Anxiolytic
  • Appetite-stimulating
  • Analgesic
  • Neuroprotection
  • Lower psychoactive effect than D9-THC

D8-THC binds to similar receptors (CB1) in the brain as D9-THC triggering activity in the central nervous system.

What does Idaho law say about the different types of THC?

The World Health Organization (WHO) generated a report with considerable amounts of information about the various types (isomers) of THC.

WHO shows at least six variations of the THC molecule, while also listing several dozen different names given to the various forms of THC.

After reading through Idaho law, it appears to be quite clear that any form of THC is illegal in Idaho — regardless of its preparation or slightly different chemical composition changes.

Idaho THC law. (Source)

  • 37-2705 (d) (27) Tetrahydrocannabinols 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:
    • i. Tetrahydrocannabinols:
      • a. ∆ 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.
      • b. ∆ 6 cis or trans tetrahydrocannabinol, and their optical isomers.
      • c. ∆ 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.)
      • d. [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-o1)], also known as 6aR-trans-3-(1,1-dimethylheptyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pyran-9-methanol (HU-210) and its geometric isomers (HU211 or dexanabinol).

Other common types of THC (that are also illegal in Idaho) regularly extracted from cannabis and hemp are THCa & THCv.

Regardless of how clever a chemical scientists may be, in slightly altering the chemical composition, any form and variation of the psychoactive molecule THC are illegal in Idaho.

When President Donald Trump signed the 2018 Farm bill, it legalized hemp at the federal level. The new federal definition of hemp can have up to 0.3 THC.

Even if the D8-THC molecule is derived from hemp, or synthesized in any other way, Idaho law is quite clear and still considers any form of THC illegal.

Just because hemp is legal under federal law, doesn’t mean Idaho law has changed anything.

Idaho law remains the same, regardless of federal law.

Does D8 THC get you high?

Since D8-THC is very similar to the more common D9-THC, the psychoactive effects are also similar.

As reported by various users of D8-THC, the “high” effects are not as potent as D9-THC.

With the effects of D8-THC having a lesser potent effect, users report a more clear and motivating euphoric effect.

Where is delta 8 THC available?

Several companies are producing D8-THC in states that have legalized cannabis for either recreational or medical use.

Each extraction company will have different methods of producing D8-THC products.

A quick Google search reveals several companies offering D8-THC products.

However, more (if not all) of the companies selling and producing D8-THC products will “not” ship to Idaho.

Is there a delta 8 THC drug test and will you fail if you take D8-THC?

No. You will not pass a drug test if you take D8-THC.

Most (if not all) types of THC will make you fail a drug test.

D8-THC users report online their findings and found you will test positive, even if you’re just using D8-THC.

How to make delta-8 THC — how are labs making D8-THC if there’s only trace amounts in cannabis?

Delta 8 THC was prepared in 1967 by Raphael Mechoulam through complex chemical processes outlined in the WHO document on THC isomers.

To quote the WHO document D8-THC, “was obtained from the condensation of a pinane derivative, verbenol, with olivetol in the presence of acid catalysts.”

Without special synthesis, D8-THC only naturally exists in cannabis in small trace amounts.

More recent methods of synthesizing D8-THC begin with the CBD molecule. To convert CBD into D8-THC the use of a strong acid is required along with similar processes as described in the WHO quote above.

Is D8-THC safe?

Since there’s limited data on D8-THC, the answer is unknown.