CBD, which is one of the many extracts of the cannabis plant, does not produce intoxication or euphoria.
However, while the CBD market is booming and taking the U.S. by storm, it’s still a tricky time for both consumers and entrepreneurs because different states are passing different rules concerning CBD - also known as cannabidiol.
State laws are evolving everywhere, including in Idaho, and it can feel like CBD is in legal limbo. So if you’re confused about the legality of the CBD products flooding the city of Boise, Idaho, and asking: is CBD oil legal in Idaho? You’re not alone.
Let's get a clear picture of the legality of CBD in the state of Idaho:
CBD must be legal on both the state as well as the federal level for it to be legal.
Even as states surrounding our gorgeous state of Idaho legalize the use of medicinal and recreational use of marijuana, police are still making CBD related arrests?
But why is this? Isn’t CBD legal in Idaho?
Well, technically yes, but it’s still a grey area. CBD is legal in Idaho if and only if it does not contain any THC levels and must be derived from the following parts only:
(1) fibre produced from the stalks
(2) mature stalks
(3) cake or oil from the achene or seeds of the plant
(4) sterilized seeds of the plant are incapable of germination
(5) salt, derivative, mixture or any other compound made from the preparation of mature stalks.
Therefore, anything containing any traces of THC or is not derived from the five mentioned parts can be deemed as ‘marijuana’ in Idaho. And cannabis is illegal in Idaho, and if charged with possession charges of over 3 oz of marijuana, it carries a felony sentence of up to 5 years and $10,000 fine.
Gov. Brad ittle removed hemp from Idaho’s list of Schedule I drugs. And it’s predicted that there will be more legislation about CBD in 2023.
But before that happens, you might want to consult with professional legal counsel before taking possession, selling or transporting CBD products.
Make sure the label says: "CONTAINS 0% THC"
Are you looking for a place to shop for CBD oil legal in Idaho without having to worry about the cops? Well, here are the best places to get THC-free CBD products:
Again, before you purchase any CBD products, make sure that it is derived from hemp and not marijuana and does not contain any traces of THC.
Have you had a bad experience with cannabis in the past? Or perhaps you’re wondering about the use of CBD at work? If so, you must be wondering if CBD oil would make you feel ‘high’ or end up doing you or your loved one more harm than good. In simple terms: is CBD oil going to make you paranoid and stressed out?
Well, while cannabidiol (CBD) is one of the many compounds that are found in hemp and cannabis. Another primary compound found in these plants is the tetrahydrocannabinol (THC). THC induces psychoactive effects such as euphoria, forgetfulness and even heightened sensory perception.
However, while there might be traces of THC in CBD oil, you can’t get high off CBD since the THC level is too low.
Talk to a Boise Attorney
In 2019, HB 126 was signed into law allow growing and transporting of hemp in Idaho. But you must be licensed.
You can apply for: a producer license or a handling license. Get the latest updates for Idaho Hemp Licenses here.
The legislation authorized the production, research and processing of industrial hemp and allowed for the legal possession and transportation of hemp products.
The Idaho Statute Section 37-2705 defines schedule I controlled substances following the Federal Law as compound, mixture, preparation or material that contains any traces of either THC or marijuana.
Therefore, for CBD to not be a controlled substance in Idaho, two conditions must be satisfied:
1. The CBD oil/product CANNOT contain any quantity of tetrahydrocannabinol and not just less than 0.3%.
2. The CBD oil extract cannot be considered as ‘marijuana’ under Idaho Statute Section 37-2705.
NOTE: this info is straight from the Idaho Office of Drug Policy:
In sum, Cannabidiol with 0% THC and extracted from hemp and not marijuana is not a controlled substance.
Bottom line, Idaho could be considered the worst state when it comes to issues regarding consumer hemp. Have you or someone dear to you been charged with CBD or marijuana-related charges? If so, an experienced and reputable criminal defense attorney can help to get the charges reduced and even dropped.
Reach out to the best Boise criminal defense attorney to have your case evaluated today!
Hazekamp, Arno. "The trouble with CBD oil." Medical cannabis and cannabinoids 1.1 (2018): 65-72. https://www.karger.com/Article/FullText/489287 McCoy, Bláthnaid, et al. "A prospective open‐label trial of a CBD/THC cannabis oil in dravet syndrome." Annals of clinical and translational neurology 5.9 (2018): 1077-1088. https://onlinelibrary.wiley.com/doi/pdf/10.1002/acn3.621 Idaho Statesman BY KATY MOELLER MARCH 02, 2019 05:00 AM. If hemp is illegal in Idaho, how are all those products for sale in stores? https://www.idahostatesman.com/news/northwest/idaho/article226865399.html BIG SKY SCIENTIFIC LLC v. IDAHO STATE POLICE, No. 1: 19-cv-00040-REB (D. Idaho Sept. 3, 2019). https://scholar.google.com/scholar_case?case=12666435209403807680&hl=en&as_sdt=200006 State v. McKean, 356 P.3d 368, 159 Idaho 75 (2015). https://scholar.google.com/scholar_case?case=2129541342342725316&q=thc+free&hl=en&as_sdt=4,13 KTVB News, Author: Gretchen Parsons Published: 5:21 PM MST February 13, 2019, CBD oil is readily available online, so can you legally buy it in Idaho?https://www.ktvb.com/article/news/cbd-oil-is-readily-available-online-so-can-you-legally-buy-it-in-idaho/277-9c570f3b-2d9f-48f0-a529-290de2733a82
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