Idaho is nicknamed the Gem State for its stunning natural beauty. Let’s see how this translates into the state’s policies towards CBD oil.
Has CBD Oil Been Legalized in Idaho?
Idaho laws make it so that there’s no straight answer to this question. CBD is only legal in the state if it’s free of THC and if it hasn’t been made directly from marijuana. If you’re living in Idaho and want to get your hands on some CBD oil, you should be sure that it’s made from hemp instead of marijuana and that it contains no traces of THC.
What’s considered legal and what’s considered illegal?
CBD became legal in the state of Idaho when the federal government passed the Farm Bill in 2018. However, it’s advisable to only purchase CBD oil with 0% THC due to some discrepancies between federal and state laws.
What is the History of CBD in Idaho?
The increasing popularity of CBD and the position that other states in the nation were taking prompted a bill for the legislation of CBD oil to be passed by the houses of Idaho’s State Legislature in 2015. However, the bill was eventually vetoed by Idaho’s governor at the time and never became law.
A wide variety of groups in 2018, 2016, 2014, and even as far back as 2012 had been unsuccessful at getting enough signatures to hold a vote for the legalization of medical marijuana. All failed for different reasons. The State Legislature approved a defeating statement to their opposition that stated cannabis and its derivatives wouldn’t be legalized. This was in 2013.
In 2015, the issue of CBD made its way back to the State Legislature in Bill 1146a that sought to offer relief to parents whose children suffered from uncontrolled epilepsy. If this bill were to have passed, people would have been able to access CBD oil with a maximum of 0.3% THC. However, they would only be able to buy it across state lines.
After a lot of pushback from many legal departments throughout the state, including the Idaho Sheriff’s Association, the Idaho Criminal Justice Commission, the Idaho Police Chiefs Association, the Department of Health and Welfare, the Fraternal Order of Police, the ODP, the Idaho Prosecuting Attorneys Association, and the Idaho State Police, the bill was nearly out of the legislature for a few key reasons:
– Additional tests were demanded
– Potential issues with law enforcement
– Concerns regarding the purity of such products
– Confusion on dosage and interaction with the human body
Surprisingly, the bill successfully passed the lengthy, time-consuming, and emotional hearings.
In the end, the bill was vetoed by Idaho’s governor based on the reasoning that it ignored continuous testing on potential alternative treatments and that it ignored the possible abuse and misuse by those with criminal intent. Instead, the governor offered a possible solution by making the EAP through an executive order to offer children struggling with uncontrollable epilepsy easier access to CBD and Epidiolex at a pharmaceutical grade.
In a defense prepared to the aforementioned rejection, the Attorney General in Idaho made it clear that CBD products were defined as Schedule I controlled substances in general according to federal law. In addition, any compound, preparation, mixture, or material made from any amount of either oil taken from a cannabis plant or THC could be described not as this if a few conditions were met:
The oil extract cannot contain any measurement of THC. For instance, CBD oil with even just 0.3% THC or less, it’s considered illegal.
Since marijuana is classified as a Schedule I controlled substance, any oil taken from this portion of a cannabis plant is deemed illegal.
Any CBD oil extract containing a greater amount of THC than 0% is illegal in the state of Ohio. The same is true for any extract that was taken from marijuana.
Opinion number 133, from 2015, also says that marijuana must be produced and derived from the following if it is to be deemed not a Schedule I Controlled Substance under the state’s codes 37-2701(t).
– Stalks of the plant that have matured
– Fiber from the stalks of the plant
– Cake or oil derived from the seed
– Any preparation or combination of mature stalks
– A sterile seed that isn’t capable of germination.
If marijuana-related or CBD products have any amount of THC, they’re considered illegal. This is irrespective of the form in which you’re purchasing them. Furthermore, these laws even apply when you’re shopping online within Idaho. You’re still putting yourself at risk of formal prosecution for breaking these laws. At times, CBD products contain some amounts of THC. In fact, there are even times when people failed drug tests due to their CBD oil use.
Currently, the law in Idaho treats CBD oil the same as it does pot and marijuana for purposes of recreation. If anyone is caught with even lower than 3 oz. of marijuana or products and derivatives will receive classification as a misdemeanor. Those labeled as a misdemeanor could face up to five years in prison, a maximum fine of $1,000, or potentially both. If anyone is caught with smaller amounts, they’ll receive a citation. However, no amount of marijuana is always the best amount to have in your possession.
It’s already been defined, in Idaho, that CBD must contain no traces of THC. Furthermore, it’s been clearly laid out the 5 areas of cannabis from which CBD oil can be drawn. If the production of CBD oil doesn’t meet all of these requirements then it is considered illegal in the state of Idaho per the current laws.
When the Farm Bill was passed in 2018, CBD oil that is taken from hemp and contains a concentration of THC that doesn’t exceed 0.3% was taken from the Schedule I classification of the Controlled Substances Act.
This Farm Bill helps to ensure that any CBD that’s derived from hemp can be considered legal if the hemp is made in a way that’s directed by associated Idaho regulations and the Farm Bill itself. In reality, the interpretation and legal definition of hemp in the state of Idaho are confusing. At the beginning of 2019, a truck driver was arrested and his semitrailer was seized by the police for transporting hemp since it’s still produced from the cannabis plant. Therefore, the event was held in violation of Idaho’s state laws on drugs. The driver is currently facing drug trafficking charges on the felony level.
Where Can You Buy CBD Oil in Idaho?
Despite there being opposition from authorities about the legality of CBD oil in the state, there’s no issue with the product’s availability. Many local shops are actively selling CBD even though these laws aren’t quite clear and authorities are vocal about their opposition. Still, it’s strongly advised that people stay away from buying CBD oil in local stores.
While the act of selling CBD oil that has any trace of THC in the state of Idaho is illegal, buying these products can put you in an equal amount of trouble with the law. There is also an extra problem that many people don’t consider. CBD oil can potentially be full of harmful impurities. Buyers could be fooled into purchasing products labeled as CBD oil without containing any CBD. This is something that’s happening all across the country and is common with newer products that don’t have proper regulation or widespread information.
Buying CBD Oil Online and Shipping to Idaho
Getting CBD oil from online stores is a much safer option than buying from stores in Idaho. When buying over the internet, you still need to be careful since it’s not a guarantee that everything will be safe, legal, or real. Here are some things to keep an eye out for when you buy online:
– Make sure the product has lab reports from a third party. This makes it a little less likely that the tests were faked or controlled. Also, be sure that the tests are updated and not too old to be worthless.
– Be in touch with customer representatives. This gives you some extra peace of mind knowing they’re a legitimate company and makes it more possible that you’ll be listened to if something goes wrong and you need a refund.
– Read testimonials and reviews from prior customers. See what other people thought of their products, the delivery process, the customer service relations, and all other aspects of the transaction. This gives you better information about what you’re getting into.
Conclusions About CBD Usage in Idaho
Buyers should practice extreme caution when buying CBD oil locally, even though products with no traces of THC are legal in the state. The confusing laws and inherent discrepancies make it so that purchasing CBD oil locally in Idaho would be inadvisable. If you do opt to purchase CBD oil online, you should still exercise caution, only buy from reputable brands, and ensure you’re operating within the limits of Idaho state law and federal law.
What Does the Future Hold for CBD in Idaho?
Three years following the governor’s veto of the bill proposing the legalization of medical marijuana in Idaho, a representative introduced house Bill 410. The goal of this bill was to finally legalize CBD products for medical use throughout the state. The representative that brought this bill forward believes that these products can be used as a viable alternative treatment if some FDA-approved medications don’t seem to have an effect.
Through House Bill 410, this representative and supporters seek to regulate CBD product usage through a sort of registration program. Many states have laws that treat CBD usage in such a manner. HB410 was altered recently and was given a new name. Now known as House Bill 577, the proposed bill was able to impress the committee of Health and Welfare unanimously. This meant that the bill could finally make its way to the floor of the House. Passing with a vote known as a supermajority, the Bill isn’t going to be vetoed if the Senate passes it.
The Idaho representative and many of the constituents supporting the bill are awaiting a positive result. Until that time, citizens of Idaho have to wait to see if the decision will be final.