Is THC Legal in Idaho?

Idaho THC-O Overview >

What Is THC?

Tetrahydrocannabinol (THC) is one of the numerous cannabinoids found in the Cannabis Sativa plant. It is the psychoactive compound responsible for the euphoric effect associated with consuming marijuana. THC is abundant in marijuana plants but found in trace amounts in hemp plants. Generally, the 2018 Farm Bill defines hemp as a cannabis plant with no more than 0.3 %THC content on a dry weight basis.

THC is a very potent chemical compound, reaching the brain quickly after consumption. It works by binding with the cannabinoid receptors CB1 and CB2 of the endocannabinoid system (ECS) in the body. THC interaction with the brain plays a role in the mind-altering effects, which range from relaxation to paranoia. THC isomers are structurally related chemically; however, their atom arrangement differs. Notebale isomers of THC include Delta 6a(10a)-THC, Delta-7 THC, Delta-8 THC, Delta-10 THC, and EXO-THC.

Is THC Legal in Idaho?

Idaho does not permit the use of all forms of THC. Marijuana-derived THC is illegal in the state. Per Idaho Uniform Controlled Substances 37-2705, THC is a Schedule I controlled substance and is illegal to manufacture, possess, use, sell, or deliver any substance or preparation containing THC. Also, Idaho statutes 37-2701 stipulate that any substance that does not meet the definition of hemp, containing materials with over 0.3% THC, is considered marijuana and is prohibited in the state. The Act establishes penalties for unlawful THC activities and illegal use of THC.

Hemp-derived THC is legal in Idaho. Per Idaho Industrial Hemp Research and Development Act

Section 22-1701, the production and use of hemp-based THC products is legal, provided they contain no more than 0.3 % THC.

How Much THC is in Weed?

THC potency is the concentration of THC in the cannabis plant. It ranges between 0% for hemp-based products and up to 90% for marijuana-derived concentrates. According to the 2018 Farm Bill, hemp must not contain more than 0.3% THC. Anything above this threshold is considered marijuana. Some marijuana concentrates can contain an average of 70 to 90% THC.

Over time, as the clamor for THC-based products increased, the concentration of THC in weed also grew. In the '60s, the THC concentration in weed was at its mildest, barely exceeding 2% of THC content. By the 80s, the average THC concentration in cannabis stood at 5%. Today, the amount of THC in weed is as high as 15%, with some strains having over 30% THC. The Drug Enforcement Agency (DEA) reports that the average potency THC concentration from weed confiscated increased from about 4% in 1995 to over 15% in 2021. Across the United States, popular weed strains available in dispensaries include Godfather OG (35% THC), Kush Mints (27%), Gorilla Glue (26% THC), Bruce Banner (21% THC), and Blue Dream (18% THC).

Tetrahydrocannabinolic acid (THCA) is a cannabinoid found in abundance in raw cannabis plants. In its natural state, it does not produce a high as THCA is non-psychoactive. However, the psychoactive compound, THC, is obtained from THCA through decarboxylation. Decarboxylation is a process that uses heat to activate the THC in THCA. Hence, the THCA levels found on weed labels are not the same as the total THC contained in the product. THC exists in multiple structural forms similar to one another but with different physiological responses. THC compounds found in weed in order of potency include Delta-9 THC, Tryrahydrocannabivarin (THCV), Tetrahydrocannabiorcol (THCC), Tetrahydrocannabiphorol (THCP), Delta-7 THC, Delta-8 THC, and Delta-10 THC.

Idaho THC Laws 2024

It is legal for Idaho residents to use hemp-derived THC products. In 2021, the state modified its hemp laws through House Bill 126 to align with the 2018 Farm Bill. The bill delisted hemp as a controlled substance, differentiating it from marijuana. It permits hemp cultivation, processing, transportation, and research, provided their concentration has no more than 0.3% THC. The Idaho Department of Agriculture provides the regulatory framework for licensing hemp producers and handlers. Despite Idaho's hemp legalization, the bill prohibits 0.3% THC for retail hemp products sold to consumers. Consequently, all hemp-derived products sold in Idaho are THC-free.

Marijuana-derived THC products are illegal in Idaho. Per Idaho Uniform Controlled Substance, it is illegal for residents to sell, possess, use, or purchase marijuana for recreational or medical purposes.

What is the Legal Limit for THC While Driving in Idaho?

The legal THC concentration for hemp-derived products in Idaho is 0.3% THC. Idaho has no specific legal limit for THC while driving, like for alcohol with a concentration of 0.08. Nonetheless, per Idaho Statutes 18-8004, it is unlawful for residents to operate a motor vehicle under the influence of any intoxicating substance, including THC. The statute stipulates the crime and penalties for driving under the influence of a controlled substance in Section 18-8005 of the Idaho Statutes. The punishment ranges from six months of incarceration and fines up to $1,000 for a first-time offender to 10 years of jail time, with fines up to $5,000 for repeat offenders. Other penalties include license suspension and mandatory attendance of drug court programs.

Will THC Show Up on a Drug Test?

Yes. THC is detectable in drug tests for up to 30 days from the last use in Idaho. The length of time THC metabolites stay in a users system depends on certain factors, including:

  • Body Fat: THC is fat-soluble. It binds with the fat molecules in the body, staying in the consumer's system for a long duration. Therefore persons with a high body mass index metabolize THC slower than persons with less body fat
  • Frequency of Use: THC effect is cumulative. The more an individual consumes THC-based products, the easier it is to detect THC metabolites in the system. Consequently, THC will show up faster in a chronic user than in an occasional user
  • Amount of THC Consumed: The amount of THC ingested determines the possibility of THC metabolites showing up in a drug test. When THC is consumed in large quantities, it takes a longer period for the body to break it down and eliminate it from the user's system
  • The Method of Consumption: The method of consuming THC affects how long its metabolites stay in the body. THC ingested orally stays in the user's system longer than THC smoked or vaped
  • Gender: Gender affects the ease of detecting THC. Men typically have a higher metabolic rate than women

How Long Does THC Stay in the Body?

The effect of THC fades quickly after use. However, its metabolites can stay in the body for several weeks after the last use. When THC is ingested or smoked, it is absorbed by the bloodstream, while some are stored in the fatty tissues and organs of the body. The liver processes the THC stored in the body tissues, breaking it down into metabolites and releasing them back into the bloodstream. If THC is consumed frequently, it builds up in the fatty tissues faster than the body can eliminate it. Therefore, THC can remain in the body for many weeks after the last use.

The detection window of THC by drug tests depends on the drug test used. A saliva test detects THC metabolites within 72 hours after the last use, while a blood test can detect THC for up to 12 hours. The urine test detection window is up to 5 days for moderate users and 30 days for frequent users. A hair follicle test can detect THC metabolites for up to 90 days after the last consumption.

What Is THC Oil?

THC oils are the reins extracted from the flowers of the cannabis plant. They are made by using solvents to extract THC from marijuana or hemp plants. The extraction process requires using solvents, extreme heat, and high pressure to transform the cannabis plant into oil. THC oil, although safe to consume, is psychoactive. It is concentrated and highly potent. Its intoxicating effects may produce undesirable side effects, especially for inexperienced consumers, if not used in moderation. THC oils may be used sublingually, dabbed, or with vape pens.

THC oil is not the same as CBD oil. CBD oil is derived from the hemp plant and is not psychoactive. It does not contain THC, which produces a high. CBD oil is known for its therapeutic effect in relieving pain and neuroprotective properties in alleviating seizure disorders.

What Is THC Distillate?

THC distillate is a highly purified and concentrated form of THC extracted from the cannabis plant. THC distillates are made by molecular distillation. The THC extract is subjected to extreme heat until it vaporizes. The evaporation removes all other compounds, including plant lipids and terpenes, leaving only pure THC, which is then condensed and collected. THC distillates are highly potent concentrates with purity levels up to 97% THC. It is safe to consume and may be ingested sublingually, with vape pens, or as a smokable joint. However, due to its high THC concentration, it is extremely psychoactive and can get consumers intoxicated quickly.

THC oil differs from THC distillates. THC oils contain other compounds, including terpenes. In contrast, THC distillates have been stripped of all other compounds, leaving a viscous light amber liquid containing only THC. Also, THC distillate differs from CBD distillates. CBD distillates are highly purified cannabidiol derived from hemp plants. Although they are stripped of lipids and impurities during the distillation process, like THC distillates, they are not psychoactive. Instead, CBD distillates are known for their medicinal benefits, including pain relief and inflammation reduction.

Where to Buy THC in Idaho?

In Idaho, only hemp-derived Delta-9 THC is legal. However, the state prohibits THC in all hemp-manufactured products except hulled hemp seeds, hemp seed oil, and hemp seed protein powder. Consequently, dispensaries in Idaho do not retail hemp-derived THC edibles, beverages, or smokeables. Residents can only purchase CBD products that are THC-free from CBD dispensaries. Also, Delta-8 THC is illegal in Idaho.

In this section: