After nearly 10 years of obsession with cannabis, hemp, and CBD — I began getting a little fed up with “bad” CBD companies marketing their illegal products to Idaho residents.
What drove me bonkers was seeing a CBD company claim their products were legal in all 50 states, but, upon looking at their lab testing results I saw detectable levels of illegal THC in their products.
After hearing so much conflicting CBD information, I decided to do a deep dive and figure out once and for all what’s really going on with Idaho CBD law.
Is CBD legal in Idaho and if so, how?
It didn’t take as long to find the actual written law, legal documents, Idaho Code, and specific references from various legal authorities. In short, the answer to whether or not CBD is currently legal in Idaho got quite specific — in a few areas. The basic answer I kept seeing was YES, CBD is legal in Idaho only if it meets the two basic requirements. Legal CBD requirements involve it not containing any quantities of THC — not even 0.3% and the CBD coming from specific parts of the plant.
Below, we’ll take a look at both Idaho state law and the supporting documents.
We’ll also take a peek at Trump signing hemp into federal law. Then we’ll look at the differences between federal law and very strict Idaho state law.
Finally, we’ll wrap up with a recommended CBD brands who are fully compliant with Idaho state CBD laws.
Links to both federal & Idaho CBD law.
- Federal hemp CBD law: S.2667 – Hemp Farming Act of 2018
- Idaho CBD Legislation: Idaho Code § 37-2701
- Response letters from the Attorney General: Response letters from the Administrator Of Idaho Office Of Drug Policy
The image below is a screenshot of the specific Idaho law codes regarding hemp CBD.
With specific types of CBD being legal in Idaho, business owners are starting to set up shop, with job seeking trying to figure out how to get a job in the cannabis industry.
Let dive in and see if we can make sense of the technical legal documents and how it applies to Idaho state residents.
What’s the definitive answer? Is CBD oil legal in Idaho in 2020?
To completely understand is CBD oil legal in Idaho, we need to start by understanding the key differences between hemp, cannabis, and marijuana. And the specific laws governing each legal distinction.
Industrial hemp is legal in many forms. Right now, you can visit nearly any local Idaho grocery store and purchase hemp products, except CBD. A few hemp products I purchase quite frequently at Wal-Mart are hemp seeds (hemp hearts) and hemp seed oil. I’ve also seen Wal-Mart selling hemp twine.
It’s very interesting how in 2020, there’s no quality CBD oil being sold in a convenient manner.
What’s the difference between hemp, cannabis, and marijuana?
An article published on Medium, “Hemp vs Marijuana: The Difference Explained,” goes into extensive detail and breaks down the core differences between hemp and marijuana.
Essentially, hemp is a close relative of marijuana and both come from the cannabis mother plant.
Although hemp has a close relation to marijuana, hemp is not marijuana.
Hemp is not marijuana because hemp will not get you high.
Hemp will not get you high because it does not contain the illegal psychoactive THC molecule.
According to Idaho, marijuana has THC. Whereas hemp does “not” contain any THC – not even in trace amounts.
If Idaho authorities discover trace amounts of THC, it’s considered illegal marijuana.
What is CBD?
CBD (cannabidiol) is one of 113 cannabinoids found in the cannabis plant. CBD is a chemical compound (molecule) extracted from hemp and can provide several lifestyle benefits.
There are three “types” of CBD products options to keep a close eye on.
A friendly caution, some CBD companies say their CBD oil products have zero THC or they say THC-FREE.
Marketers can be tricky and not be completely honest in a way that’s useful for Idaho residents.
Some of the lower-quality CBD companies only use a single CBD molecule in their CBD products.
A quality CBD oil will have a wide range of cannabinoids. Quality Idaho CBD products are called broad-spectrum because they have a wide range of cannabinoids.
Having a wide range of cannabinoids is great because you get the added benefit of the entourage effect.
The entourage effect, in short, makes each cannabinoid work better. When there are more different cannabinoids, each cannabinoid is able to work together to make each other function more optimally.
Full-spectrum CBD products are illegal because they contain the THC molecule.
What are the various types of CBD oils and products to watch out for (CAUTION)?
There are three basic types of CBD products.
Three basics CBD products include:
- Isolate (low-quality)
- Broad-spectrum (recommended)
- Full-spectrum (illegal in Idaho)
CBD isolates are not recommended because they’re the least effective.
They’re the least effective because they don’t trigger the entourage effect and therefore have limited use.
Low-quality CBD isolate products also require a VERY precise dosage to even get a minimum benefit and therefore, I do not ever recommend taking any CBD isolate products.
It is absolutely STAGGERING just how many “new” CBD products are popping up everywhere that contain low-quality CBD isolate.
A few CBD isolate products I’ve seen are CBD water, CBD drinks, CBD gum, CBD crystals, and on and on.
All of these CBD products, that don’t specifically state they are either full or broad-spectrum are CBD isolates and I recommend you avoid them only if you’re looking to get any sort of benefit from taking CBD.
Here’s a link to a very detailed medical journal that performed the research on CBD isolate products.
Broad-spectrum CBD products are the very best option for Idaho residents.
What makes broad-spectrum CBD products the best choice in Idaho is it contains zero THC while also including several other very beneficial cannabinoids.
Quality broad-spectrum CBD products can have up to 112 of the known cannabinoids — minus — the THC molecule.
Broad-spectrum is essentially a whole plant CBD oil — that includes the benefits of the entourage effect while remaining legal in Idaho.
Full-spectrum CBD products are NOT legal in Idaho in 2020.
The only reason full-spectrum CBD oil is not legal in Idaho is it has THC in it and by Idaho legal definition, makes it illegal marijuana.
What’s the legal status of CBD oil at both the Idaho state and federal level?
From a very young age, I remember various police officers popping into my classroom and giving a little talk.
Over and over again, they would repeat the basic axiom that “ignorance of the law is never an excuse.”
Even though Idaho residents can EASILY find CBD companies shipping full-spectrum CBD oil into Idaho, it is ultimately your responsibility if you get caught.
What are the basic laws of the land?
- Federal law: Hemp is cannabis with less than 0.3% THC.
- Idaho State law: Hemp (CBD Oil) is only hemp if it has 0.00000% THC or no detectable amounts.
- Local Counties: Individual county law can make more strict laws.
Before purchasing any CBD oil, it’s best to verify that company has a public lab test displaying the result of the recent batch of CBD oil.
Also, it’s probably a good idea to verify with your local city/county laws to make absolutely certain there are no other laws preventing you from purchasing a CBD oil that doesn’t have any trace amount of THC.
Is CBD oil extracted from industrial hemp Federally legal?
Original text: S.2667 – Hemp Farming Act of 2018
Signing the 2018 Farm Bill removes hemp from the Schedule 1 controlled substance list and makes it an ordinary agricultural commodity.
Trump legalizes hemp and all the molecules in hemp – even CBD (cannabidiol) – at the federal level.
This officially removes hemp from the definition of marijuana.
- Hemp – at the federal level – is now defined as cannabis with less than 0.3% THC.
- Illegal marijuana has more than 0.3% THC.
USA Today comments saying the new law will allow hemp farmers to purchase crop insurance and allow hemp to travel across state borders.
Even though the federal government can legalize hemp CBD and all its extracts, can Idaho state make its own “more strict” laws?
Yes. Even though the federal government legalized hemp — with a specific new definition — Idaho state law can make its own set of more strict regulations.
Individual states have complete freedom to enact more strict laws on their official legal definition of hemp. Idaho is one of the very few states who decided to define hemp as having zero THC.
What does the written Idaho law say about hemp and CBD oil products?
Vote Hemp explains how the Idaho Attorney General has two prerequisites that make hemp a marijuana plant and not a hemp plant.
The Idaho Attorney General considers hemp extracts with CBD (cannabidiol) to be a controlled substance “unless” it’s derived from specific parts of the hemp plant.
If you extract CBD from specific parts of the hemp plant, it excludes it from the definition of marijuana.
The other strict requirement to exclude hemp extracts from the definition of marijuana is that the CBD oil product must contain exactly zero THC (tetrahydrocannabinol).
Even if there are tiny trace amounts of detectable THC in the CBD oil, Idaho defines it as illegal marijuana and they could prosecute you as being in possession of a federally illegal controlled substance.
Hemp laws are different than marijuana laws – according to John C. McKinney, Deputy Attorney General of Idaho – in his letter to Elisha Figueroa, Idaho’s chief drug policy authority.
There are approximately seven pages of technical legal information in the SELECTED ADVISORY LETTERS OF THE ATTORNEY GENERAL.
The important parts – regarding the legality of hemp CBD, are as follows.
Hemp is only defined as hemp [in Idaho] if it meets two conditions.
- Hemp extracts, oils, and derivatives must contain zero THC.
- Hemp must be produced or derived in accordance with the exceptions to the definition of marijuana set in the Idaho Code § 37-270l(t).
If there’s a violation in these two conditions, Idaho will consider it illegal marijuana.
What does Idaho Code § 37-270l(t) say that removes hemp extracts from the definition of marijuana?
According to Idaho’s Code for what makes hemp “not” marijuana includes. (Source)
- Mature stalks of hemp (containing zero THC).
- Any compound, derivative, or preparation of the mature stalks.
Therefore, if manufacturers use the mature stalks of hemp and extract anything from the mature stalk, it’s considered hemp.
There are several other parts of the hemp plant that Idaho is not allowed to utilize because it will fall under the definition of illegal marijuana.
Therefore, hemp extracts, oils, and derivatives MUST be derived from the mature stalk of the hemp plant containing zero THC.
Idaho law says if there’s any evidence of the chemical substances classified as THC (tetrahydrocannabinol) – it meets the required definition of marijuana and is prohibited in Idaho.
Upon looking at hundreds of different lab testing Certificate Of Analysis (COA), I’ve come to find the most extensive lab tests only test for about a dozen different cannabinoids.
Of the dozen different cannabinoids they can test for, I’ve noticed there are four different types of THC that Idaho could consider to be illegal.
When looking at COAs, verify there’s zero THC in all of the four different types of THC.
The letter goes on to say, once both conditions are met (zero THC from the mature stalk), possession and consumption of hemp extracts, oils, and derivatives are not illegal under Idaho state law.
What does the DEA say about Idaho hemp CBD law?
According to the DEA website, they echoes what Idaho law states about the definition of marijuana and what falls outside of the CSA (Controlled Substance Act).
Products made from cannabis not included in the CSA definition of marijuana (including mature stalks) are not controlled by the DEA under the CSA.
CBD hemp products may be sold and distributed throughout the United States without restriction under the CSA – even in the state of Idaho.
So, does this mean CBD oil is legal in Idaho if there’s zero THC?
After looking at the written Idaho state laws over and over, the understanding starts becoming simple to understand and quite clear.
If the CBD oil products are extracted from the mature stalk of the hemp plant and contain zero THC, it’s legal to buy, sell, consume, and possess in Idaho.
According to Chuck Peterson, a Boise, Idaho criminal defense lawyer, the Attorney General says CBD oil is legal in Idaho if it has zero THC and comes from the mature stalk of hemp.
Where can I buy legal CBD oil in Idaho – that has both zero THC and is extracted from the mature stalk of the hemp plant?
After spending nearly 10 years of searching the internet for the best legal CBD products for Idaho residents, I found CBD brands offering quality broad-spectrum CBD oils.
A quick Google search will yield dozens and dozens of potentially legal CBD oil products in Idaho.
However, one HUGE problem I’ve been noticing about lower-quality CBD brands is the complete lack of consistency in maintaining both a zero THC status, as well as a clean and safe CBD product.
One CBD brand I use to recommend (I won’t name names) was quite good. And then one day, I went to buy another bottle.
Before I made my purchase that day, I decided that I better double-check the most recent COA lab testing results – just to make sure there was still zero THC. What I ended up finding was SHOCKING.
Even though this particular brand only has 0.01% THC in it, it was federally legal, but, it was 100% illegal in the state of Idaho.
Is marijuana illegal in Idaho? Is pot legal in Idaho? Is weed legal in Idaho? Or even, is medical marijuana legal in Idaho?
At the end of 2018 (update 2020), marijuana containing any trace amounts of THC (tetrahydrocannabinol) is still illegal in Idaho.
Anything containing THC is illegal in Idaho and is considered marijuana – even though federal law defines industrial hemp as cannabis containing less than 0.3% THC.
Idaho state law has more strict laws and says hemp is marijuana is it contains even a small measurable amount.
For cannabis to be considered hemp in Idaho, it has to contain zero THC.
How can a CBD oil contain precisely zero THC & not include trace amounts of THC (Δ⁹-tetrahydrocannabinol)?
There’s a lot of CBD companies out there who have marketing language claiming their products are THC free.
And when looking at the tiny details, they’ll say their THC FREE, CBD oil is compliant with federal law and has less than 0.3% THC.
The question, how can a CBD oil company claim its products are ZERO THC or THC FREE when it still has trace amounts of THC?
You can’t, it’s false advertising and several CBD companies are receiving Warning Letters from the FDA.
The FDA has issued approximately 70 Warning Letters & Lab Results to CBD companies making false claims.
What’s super crazy, is even some of the most well known CBD brands you think would have their act together, are still getting warning letters from the FDA.
Thankfully there are consistent quality CBD brands out there who aim to meet and exceed all department requirements and will continue thriving long into the future.
What about other CBD companies who claim their CBD products are truly zero THC?
Some CBD oil companies create their oils using CBD isolates. This is a problem.
CBD isolate products are low-quality and are essentially mostly useless.