Cannabis Business in Idaho

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Idaho Hemp and Cannabis Regulations

The cultivation and processing of industrial hemp is allowed in Idaho as long as it contains less than 0.3% THC. The Idaho State Department of Agriculture (ISDA) is responsible for the administration of industrial hemp production. The ISDA issues two types of licenses for industrial hemp production:

  • Producer Licenses:
    • Allow holders to grow and market hemp.
  • Handler Licenses:
    • Allow holders to process raw hemp plants into hemp products.

Applicants may apply for one or both licenses, depending on their intended operations.

Licensing Requirements

If you're interested in starting a cannabis business, you may consider searching for a cannabis business for sale from a current license holder, as all individuals or entities must obtain the necessary licenses from the ISDA before growing or processing hemp in Idaho.

Applications are accepted between September 1 and December 31 each year. To apply, you must create an account on the ISDA website and submit an application through their online portal.

The following are included in the application process:

  • A background check from the Idaho State Police or the FBI for all key participants that has been conducted within six months of the application
  • Information regarding the facility, including maps of the production or cultivation site
  • Complete and accurate information on all key participants
  • Applicants for Producer Licenses may include their preferred laboratory for testing samples
  • Payment of applicable fees

Fee Schedule

The fee for an initial hemp producer or handler license application is $100. The annual fee for a producer license is $500, while the annual fee for a handler license is $1,000. New licensees are required to pay both the application and annual license fees.

Fee Type Producer Handler
Annual Application $100 $100
Application Late Fee $250 $250
Annual License $500 $1000
Modification to Application Info $250 $500
Preharvest Inspection $250
Annual Site Inspection $500

CBD in Idaho

While CBD oil is legal in Idaho, it must be derived from industrial hemp and not marijuana. CBD products must contain 0% THC, meaning that full-spectrum CBD oil is not allowed in Idaho. The possession of CBD products is strictly regulated and can result in fines and imprisonment. Doctors are permitted to recommend CBD-based drugs that are THC-free and prescribe Epidiolex, an FDA-approved drug used in the treatment of seizures. There is no minimum age for using CBD established by Idaho law; however, individual cities and municipalities within the state may determine their own age restrictions for purchasing CBD products.

Marijuana in Idaho

Marijuana is considered a Schedule 1 controlled substance under Idaho law. It is illegal to manufacture, deliver, possess with intent to manufacture or deliver, or possess marijuana. Additionally, it is illegal to use or be under the influence of marijuana in public. Any individual caught with a controlled substance, such as marijuana, is required to pay an excise tax according to the state's Illegal Drug Stamp Tax Act. The Idaho State Tax Commission is responsible for collecting this excise tax on controlled substances. For more information, please contact the Idaho Office of Drug Policy.

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