Is CBD Oil Legal in Idaho?


Is CBD Oil Legal in Idaho?

CBD oil is legal in Idaho, provided it is processed from industrial hemp and not from marijuana. It must also have no THC at all. Consequently, hemp-derived CBD products with a THC level of 0.3% are classified as marijuana in Idaho.

What are Idaho CBD Laws in 2024?

In 2021, Idaho lawmakers passed HB 126, the Industrial Hemp Research and Development Act. The bill legalized the cultivation and processing of hemp in the state and laid down rules for the licensing of hemp growers and handlers.

The passage of the Farm Bill in 2018 removed the federal restriction on the cultivation, sale, and use of hemp-derived CBD products with a THC level of 0.3%. Hemp-derived CBD products were also delisted from Schedule 1 of the Controlled Substances Act. Idaho did not follow other U S. states in immediately adapting its laws to accommodate the provisions of the Farm Bill.

The Idaho Senate passed SB 1146 in 2015. This law was intended to give patients with intractable epilepsy access to CBD products with a THC level of 0.3%. Although both arms of the Idaho legislature approved SB 1146, it was vetoed by Idaho's governor, C.L. Otter. In place of SB 1176, Governor Otter signed an Executive Order, the Expanded Access Program, to give pediatric epilepsy patients in Idaho access to the FDA-approved CBD-based drug, Epidiolex.

What are Idaho CBD Possession Limits?

Idaho has strict laws on CBD possession, even if it is derived from hemp. The possession of less than 3 oz of CBD products is classified as a misdemeanor and attracts a fine of $1,000 and a one-year prison sentence. The possession of more than 3 oz of CBD products is a serious offense, attracting a fine of up to $10,000 and a maximum prison sentence of five years.

Can Doctors Prescribe CBD Oil in Idaho?

There is no medical marijuana program in Idaho, but doctors can recommend CBD-based drugs, provided they are THC-free. Doctors can also prescribe the epilepsy drug, Epidiolex, which has been approved by the Food and Drug Administration (FDA) for the treatment of seizures.

How Old Do You Have to Be to Buy CBD in Idaho?

Idaho law does not stipulate a minimum age for CBD use. It is left to cities and municipalities in the state to set their own age limits on access to CBD products. In some jurisdictions, only persons aged 18 years or older can buy CBD-based products. In other jurisdictions, sellers can insist that CBD customers must be at least 21.

What are the Licensing Requirements for CBD in Idaho?

In order to cultivate or handle hemp for CBD production, Idaho residents must apply to the Idaho State Department of Agriculture (ISDA). The ISDA issues Producer Licenses and Handler Licenses to eligible applicants. The first step in the application process is to create an account on the ISDA website. Applications must be submitted on the ISDA's online portal between September 1 and December 31 in order to be eligible for approval. It is mandatory for applicants to undergo fingerprint background checks to verify whether or not they have a criminal history.

Applicants for Producer Licenses must pay a $100 application fee and a $500 license fee, while Handler License applicants pay a $100 application fee and a $1,000 license fee. Applicants who intend to operate as both Producers and Handlers must submit application forms for the two license types, although only one fee will be charged by the ISDA.

CBD products in Idaho must be properly labeled. The FDA's general labeling requirements mandate that the following information appears on CBD product labels:

  • A list of ingredients
  • Net weight of the product
  • The name of the manufacturer or licensed distributor
  • An FDA warning statement
  • Description of the product

Where to Buy CBD in Idaho

Idaho residents can buy CBD oil and other approved CBD products in vape shops and CBD retailers. CBD products can also be bought online. Because full-spectrum CBD oil would violate Idaho's requirement of 0% THC content, most of the CBD products offered by stores and online retailers will be either broad-spectrum or CBD isolates.

What is CBD Oil?

CBD, or cannabidiol, is a cannabinoid found in hemp and marijuana plants of the Cannabis sativa species. CBD is found more abundantly in hemp than in marijuana. Unlike THC, CBD does not cause any psychoactive effects in a user. CBD is known to have strong analgesic, anti-inflammatory, and antidepressant properties. It is also known to counteract the intoxicating effect of THC by preventing THC from binding with the body's CB 1 receptors. Hemp-derived CBD oil was legalized in the U.S. after the passage of the 2018 Farm Bill. Idaho did not enact a CBD law until 2021.

CBD oil is a product processed from the leaves of the hemp plant. The oil is extracted from the leaves by several means, including the following:

  • By the use of a chemical solvent
  • By the use of supercritical CO2 extraction
  • By soaking the leaves in hot water
  • Soaking the leaves in a carrier oil such as hemp oil, olive oil, or jojoba oil
  • CBD exists in three different forms: full-spectrum, broad-spectrum, and CBD isolate. Full-spectrum CBD oil is processed in a manner that retains all of the hemp plant's THC, fatty acids, terpenes, and flavonoids. Broad-spectrum CBD oil is made to retain only a select few compounds like limonene, terpenes, pinene, and other cannabinoids like THC. Isolate CBD oil is processed in such a way that it removes most of the cannabinoids, flavonoids, and terpenes in the plant. Common CBD products include CBD oil, topicals, edibles, cosmetics, and tinctures.

What Does CBD Do?

CBD is reputed to be beneficial in the treatment and management of a range of illnesses and conditions, including the following:

  • Epilepsy: The FDA-approved drug, Epidiolex, is derived from CBD. It is prescribed for the treatment of pediatric epilepsy conditions like Lennox-Gastaut syndrome and Dravet's syndrome
  • Chronic Pain: CBD is often prescribed for the relief of chronic pain and inflammation
  • Insomnia: CBD is used to improve sleep patterns in insomnia patients
  • Anxiety and Depression: CBD is known to help in the management of anxiety and depressive symptoms
  • Addiction Management: CBD oil is touted as useful in helping tobacco and opioid addicts reduce their dependence on those substances

Does CBD Show Up on Idaho Drug Tests?

CBD metabolites do not show up on drug tests because tests are generally designed to detect THC metabolites. However, a drug test can return positive if the CBD product consumed is high in THC or contains a higher percentage of THC than is stated on the product label.

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