Delta 8 THC in Idaho: Is it Legal?

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 an 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:

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.)

(Full Bill)

CBD Legal In Idaho?

CBD cannot be legal until it is legal at the state and federal levels.

Police continue to make CBD-related charges even while neighboring states decriminalize the use of marijuana for both medical and recreational purposes.

How come, though? In Idaho, is CBD legal or not?

Technically, yes, but there are still some questions. CBD must not contain any THC and only come from the components of the cannabis plant listed below to be considered lawful in Idaho:

(1) The stalks' fiber content

(2) grown-up stems

(3) A cake or oil made from the plant's seeds or achene

(4) The plant's sterilized seeds are incapable of sprouting.

(5) any salt, derivative, combination, or other substance created during the processing of mature stalks.

Hence, anything that contains even small amounts of THC or that is not made from the aforementioned five ingredients may be considered "marijuana" in Idaho. Moreover, marijuana is banned in Idaho, and anyone found in possession of more than 3 ounces of the drug faces up to 5 years in prison and a $10,000 fine.

Hemp was taken off Idaho's Category I drug list by Governor Brad Little. Also, it is anticipated that in 2023 there will be additional CBD-related laws.

The Future of Cannabis in Idaho

We suggest that you communicate your concerns to your state and local legislators if you wish to see these laws changed. Regarding Delta 8 THC in Delawareand Delta 8 THC in Utah, Idaho has comparable regulations. Regrettably, they diverged from the Delta 8 THC in Washington in this regard. Laws may only be amended if the public's preferences are known. Inform your legislators if you want to see CBD and Delta 8 THC goods in your state.

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