CBD in Idaho: Official State Guide
Idaho has one of the strictest marijuana laws in the United States, but you can still buy CBD legally and safely if you know what you are doing. This guide will teach you everything you need to know to do just that!
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Are you confused about the legal status of cannabidiol (CBD) in Idaho? You’re not the only one.
In the United States, the legal status of CBD can vary from state to state and, in some cases, even city to city.
As such, you may be curious about what types of CBD products are available and legal in Idaho.
Read on to find out.
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Is CBD Legal in Idaho? (Laws & Regulations)
Anti-marijuana laws are thoroughly enforced throughout Idaho, where CBD is only legal as long as it contains 0% tetrahydrocannabinol (THC). THC is the substance in cannabis that gets people high.
Idaho’s anti-THC stance is restrictive to the point that it ignores some of the allowances granted by the federal 2018 Farm Bill, which defines “hemp” as a cannabis plant containing 0.3% or less THC.
Under the Farm Bill, hemp was finally federally legalized. The Bill allows hemp cultivation, the transfer of hemp-derived products across states for commercial purposes, and puts no restrictions on the possession, transport, and sale of hemp products.
However, in Idaho, hemp that has any amount of THC above 0% is illegal.
According to the Idaho Code, CBD oil is a controlled substance if it contains “any quantity” of THC, not just less than 0.3% as in most other states. This means that only CBD isolates (pure CBD products) or broad-spectrum CBD products are legal and available in Idaho.
Broad-spectrum CBD products lack THC but contain every other compound found in the cannabis plant. In contrast, full-spectrum products are illegal in Idaho since they contain THC.
Furthermore, Idaho law dictates that only CBD extracted from industrial hemp is legal. This means that you need to check if your CBD product was initially sourced from THC-dominant marijuana. If it is, it would still be illegal despite containing 0% THC.
You need to also confirm if your CBD product comes from “one of the five identified parts of the cannabis plant.” In Idaho, CBD products are “marijuana”, and hence illegal if they are derived from:
- all parts of the plant of the genus Cannabis, regardless of species
- the seeds
- resin extracted from any part of the plant
- every compound, manufacture, salt, mixture, derivative, or preparation of the plant, its seeds, or resin
However, the following are not considered “marijuana”:
- mature stalks of the cannabis plant
- 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
- the sterilized seed of such a plant which is incapable of germination.
Since owning any THC product is illegal, transporting, possessing, or farming whole hemp plants is also illegal in Idaho.
Idaho CBD Possession Limits
Under Idaho law, if you have 3 ounces or less of marijuana, you could get a misdemeanor punishable by a fine of up to $1,000 and/or a jail term of up to one year.
Having more than 3 ounces is a felony punishable by a fine of up to $10,000 and/or a jail term of up to 5 years.
Idaho law defines possession of something as being aware of its presence. You possess something if you have either physical control over it or the power or the intention to control it.
Accordingly, if you possess a CBD product without a legal prescription, you have committed an offense.
There are three types of possession in Idaho:
- Actual Possession is when you have marijuana on your person, such as in your hand or in your pocket.
- Constructive Possession is when the authorities find marijuana in a place you have control over, such as your workplace, home, or car. However, police will also have to prove that you were aware that it was there to charge you.
- Joint Possession is when more than one individual possesses marijuana.
In short, avoid possessing marijuana in Idaho. You cannot grow, cultivate, or own marijuana plants for any reason, be it recreational or medical.
Marijuana is a controlled substance under Idaho law - accordingly, laws regulating it are stringent and limited.
How to Get a Medical Marijuana Card in Idaho
Unfortunately, Idaho is one of the few states that has no medicinal cannabis program.
In 2020, politicians proposed legislation that would have allowed the limited use of medical cannabis. The scope of this Idaho Medical Marijuana Initiative (2020) was narrow.
It would only have allowed medical cannabis treatment for people of age 21 and over who had the following conditions:
- AIDS
- ALS
- Crohn’s disease
- Multiple sclerosis
- Wasting syndrome
- Alzheimer’s
- Terminal illness
- Epilepsy
- Debilitating seizures
This initiative is currently not on the ballot.
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Finding Marijuana Dispensaries in Idaho
Marijuana dispensaries do not exist in Idaho since “marijuana,” as defined by the Idaho code, is a controlled substance.
However, you can find CBD, specifically CBD isolates (pure CBD products) or broad-spectrum CBD products, as discussed above.
The easiest way to buy CBD oil in Idaho is through reliable online retailers. Check the ingredients of each product carefully before deciding to purchase anything and pay attention to the manufacturer of the product.
Based on our experiences, we highly recommend Joy Organics. This brand uses public lab tests and has a fair shipping and return system. They also provide CBD products in a variety of exciting flavors.
Use the following checklist before deciding to buy a CBD product through online retailers:
- Has a third-party lab double-checked the product? You need to check whether your product meets this criterion to make sure it is safe for consumption. Not only should the lab’s results be publicly available, but the lab should also have ISO/IEC 17025:2005 and tested for every batch.
- Was the hemp organically farmed in a country where organic farming is serious? The United States has stringent standards for organic farming, so your best bet is to buy American CBD products.
Further, depending on what you want to use your product for, certain types of hemp may produce better effects. For instance, certain strains of hemp produce better CBD oil for anxiety and depression.
- Does the product contain any amount of THC? Recall that any amount of THC is illegal in Idaho.
- Is the product deemed to be “marijuana” or made from “marijuana” in Idaho? Keep in mind what “marijuana” means in Idaho. “Marijuana” is illegal, but certain parts of the plant are not “marijuana.”
If your product comes from the mature stalks or sterilized seeds of the plant, it is not restricted by marijuana laws.
- Does the company make any dubious or exaggerated claims? Many retailers, unfortunately, tend to make vague and often untrue claims, such as claiming CBD will cure cancer. Try to avoid shops that make such claims.
- What is the extraction method of the CBD product? Look for CBD products that use CO2 extraction, which means they did not use solvents to create the product.
The extraction method is important because it determines whether the product has residual toxins. Other forms of extraction tend to use solvents, which means they have a higher chance of leaving residual toxins in the oil.
- What are the customer reviews like? If most reviews are negative, it may be a good idea to avoid buying the product. You should also read the reviews to learn more about customer service and shipping.
Vape, Smoke, and CBD Shops
You could also check out physical vape, smoke, and CBD shops if you prefer asking questions face-to-face. Ensure that you are buying products that are legal in Idaho.
Most physical vape, smoke, and CBD shops are in Boise, Meridian, and Twin Falls.
Boise:
- Matrix Vapor Boise: 717 S Vista Ave, Boise, ID 83705,
- Vape Affliction: 1443 N Milwaukee St, Boise, ID 83704
Meridian:
- Nugget CBD: 1330 E Fairview Ave Ste 102, Meridian, ID 83642
- Your CBD Store: 3161 E Fairview Ave #120, Meridian, ID 83642
Twin Falls:
- CJ’s Vapehouse: 780 Falls Ave, Twin Falls, ID 83301
- Your CBD Store: 690 Blue Lakes Blvd N, Twin Falls, ID 83301
FAQ’s
Let's review some of the most commonly asked questions regarding CBD in Idaho.
It depends on where and who you buy from. Most sites require you to be 18 or 21 before you can buy their CBD products.
Most distributors limit THC cannabis (which is illegal in Idaho) to the 21 and older crowd. In contrast, anyone above the age of 18 can use hemp-derived CBD without THC.
You cannot grow cannabis in Idaho.
Idaho law defines possession of something as being aware of its presence and having either physical control over it or the power or the intention to control it.
Owning any product with THC is against the law. Transporting, owning, or farming full cannabis plants is thus illegal in Idaho.
You cannot use marijuana in Idaho. You can only use CBD products that have no THC and products made from the cannabis plant stalks and sterilized seeds.
You cannot obtain a grow license in Idaho. Idaho does not recognize marijuana as having any medical benefits, and there is no medical program.
Idaho takes its marijuana laws seriously. In 2019, authorities arrested an Idaho man for growing marijuana plants in his home. He received charges for manufacturing and cultivating a controlled substance.Next Steps
In short, you need to be very careful when you are looking to buy CBD products in Idaho since Idaho has strict marijuana laws.
The hemp you buy in Idaho must have 0% THC. Further, it can only derive from the five specific parts of the cannabis plant as outlined above.
We hope this article has helped you understand what is legal for buying CBD in Idaho. Pay particular attention to the checklist we have provided - it will help you get the CBD oil you need and want without getting in trouble with the authorities.
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