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Is CBD Legal in Idaho?

Dale blog imageAuthor: Dale Hewett
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Is CBD legal in Idaho? Good question. Idaho is one of the few states that have a little more strict laws on CBD oil products. The CBD laws in Idaho still allow the use of CBD, but it must contain zero THC, which is a bit different from the federal guidelines we will discuss later on in this article.

TL;DR The sale of hemp derived CBD oil products is legal within the state of Idaho, as long as it contains ZERO THC. Idaho still has some grey areas when it comes to hemp. They completely ignore federal guidelines, and come up with their own laws on hemp.

If you buy CBD oils in Idaho, make sure they contain ZERO THC.

Let’s go over some more about Idaho CBD laws, and licensing requirements within ID state.

What is CBD?

Related: What is CBD?

CBD, also known as cannabidiol, is a non-psychoactive compound called a cannabinoid. It’s found in cannabis, which accounts for both hemp and marijuana. CBD is only one of over 100 different cannabinoids in cannabis. You can find CBD in a wide variety of products like: CBD gummies, balms, pills, and tinctures – to small a small fraction of the items out there on the market, today.

Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative,  pain relief, anti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.

It is important to understand exactly what CBD is when looking into the laws within Idaho.

CBD is a Cannabis Derivative

Cannabidiol, or CBD, is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant.

Cbd Legal Graph

This is an important distinction to keep in mind. Both the industrial hemp plant and marijuana both fall under the cannabis plant species.

Hemp Vs Marijuana Chart

CBD is also a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%.

Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high.

In fact, this amount is so low that one could drink an entire container of CBD oil (not recommended), and still not get high.

Related: CBD vs THC

Supplementing with CBD oil is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD oil research over the last few years is significant. Investments done in research and development are numerous.

The FDA is still figuring out their approval process for CBD, so until this is complete, CBD oil will not be able to achieve the status of a dietary supplement.

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws. While most states have followed the Farm Bill of 2018 footsteps, and do not regulate finished CBD products.

This is the case in Idaho, where hemp byproducts have been reclassified as agricultural products separate from marijuana.

Some of the more conservative states identify CBD and marijuana together, even though CBD is completely non-psychoactive.

For this reason, they have a set of strict laws. As time goes on though, states are continuing to soften these CBD laws. Idaho has more strict laws when it comes to CBD oil.

How Did the Farm Bill Help Industrial Hemp?

The 2018 Farm Bill brought a revolution for hemp and industrial hemp products. The cultivation of hemp became federally legal for recreational purposes when this was passed.

This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.

The United States FDA and CBD Oil

The Food and Drug Administration has the authority of regulating CBD oil product labeling, monitoring therapeutic claims for CBD oil, and the usage of CBD for recreational and dietary purposes. The FDA, currently, does not allow the advertisement of hemp-derived CBD oil as a dietary supplement, or as an additive to food and beverages.

The FDA must authorize any health claims that CBD oil products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.

While the Food and Drug Administration maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD oil as a dietary supplement.

In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.

Let’s move on to CBD oil in Idaho, and talk about the legal status of hemp.

Is CBD Legal in ID?

Yes with a caveat: the CBD must contain zero THC, and must come from the from:

(a) mature stalks of the plant
(b) fiber produced from the stalks
(c) oil or cake made from the seeds or the achene of such plant
(d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(e) the sterilized seed of such plant which is incapable of germination.

If the CBD products don’t meet these requirements, they are not legal. You can find more information about the requirements for CBD in Idaho here.

The Attorney General also released an audio format that addresses a lot of information about hemp in Idaho. Listen to it here.

Licensing Requirements for CBD in Idaho

Possession of CBD oil is legal in ID, as long as the product conforms to the standards mentioned above. There is no license you can have that will change this, either.

H.B. 126 legalizes the production, processing, research and transportation of industrial hemp with up to 0.3% tetrahydrocannabinol (THC) in Idaho.

New Phase Blends Cbd Edibles

It looks like Idaho is prepping for their first hemp grow in 2022. But while H.B. 126 paves the way for industrial hemp to be legal in Idaho, at this point it is still illegal to grow, process or transport hemp in the state.

Idaho CBD Possession Limits

There are not currently a limit of the possession of CBD products, as long as they conform to Idaho State guidelines.

Can You Buy CBD Oil in Idaho?

To be honest, CBD oil products (also known as hemp oil) are all over the place in Idaho, even though they have different laws. Consumers can buy CBD online, or in a variety of retail storefronts, gas stations, and kiosks within the state. It’s all over the place. Keep something in mind, though.

I want to caution you, though, to be extra careful when buying CBD oil online. New Phase Blends is a veteran owned and operated CBD company. We offer nothing but premium CBD oil that comes with a 30 day money back guarantee.

At least give us consideration before you purchase CBD products – I know you’ll be happy with your purchase.

In the summer of 2020, the FDA conducted a study on CBD products from different brands. It reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive.

Summary – Is CBD Legal in Idaho?

Yes, CBD is legal in Idaho as long as it contains ZERO THC. This is different from the Farm Bill requirement of less than 0.3% THC. For this reason, stick to CBD isolates or broad spectrum CBD items since they both have zero THC.

If you are curious about federal guidelines for CBD products, take a look below:

  • Hemp-derived CBD oil is legal
  • It must contain less than 0.3% THC (a broad spectrum CBD oil will contain almost no THC, while full spectrums can contain up to 0.3% – FYI)
  • I recommend that the CBD labels include a QR code that scans to a third-party lab result
  • Marijuana-derived CBD is not legal

That about wraps up covering the legalities of CBD oil within ID.

Is CBD Oil Legal in the United States? A comprehensive, state by state legal guide by NPB.

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When it comes to understanding both the science and benefits of cannabidiol (CBD), it is extremely important that you can trust the source of your information. This is exactly why our team at New Phase Blends includes experts in the field of cannabinoid research and development, including frequent correspondence with certified medical professionals and PhDs in relevant fields via studies, research, and additional peer reviewed pieces of information. All information published is reviewed and checked for accuracy. We pride ourselves on staying up-to-date with the latest scientific research and clinical studies related to not only CBD, but also its effects on the human body.

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About the Author - CBD Expert Dale Hewett

Dale Hewett Author
Dale Hewett

Dale Hewett is the owner and founder of New Phase Blends. He discovered his passion for CBD use after suffering from injuries sustained while on Active Duty in the US Army. His number one priority is introducing the same CBD products that he himself uses for relief to others who can benefit from them.

Dale holds a Master Degree of Science, and is the inventor of the popular, CBD-based sleep aid known as ‘Sleep.’ He’s given multiple lectures on CBD to institutions such as Cornell’s MBA student program, and Wharton’s School of Business.

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