Idaho Finally Closer to Hemp CBD Legalization

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When it comes to cannabis, Idaho has some of the strictest laws in the country.

According to some, Idaho’s state laws can be even more restrictive than federal government laws.

Possession of more than three ounces of marijuana can land you in prison for five years.

But what about CBD? 

Especially that which is hemp derived and contains the legal limit of no more than 0.3% THC?

Still illegal.

Idaho CBD laws state: “the oil extract cannot contain ‘any quantity’ of THC — not just less than 0.3%. Second, the oil extract cannot be deemed ‘marijuana’ under Idaho Code§ 37-2701(t)…In sum, unless an oil extract contains no THC and is excluded from the definition of ‘marijuana’ under Idaho Code § 37-2701(t) …, such oil is a controlled substance in Idaho.”

On Monday, however, things on the hemp front in Idaho took a turn towards a more positive direction.

A bill that would legalize hemp, essentially aligning Idaho state law with the federal 2018 Farm Bill passed by overwhelming majority on Monday.

Only seven lawmakers opposed the bill.

One of the co-sponsors of the bill is Republican Rep. Caroline Nilsson Troy, who says the bill isn’t an effort to legalize marijuana, but rather supports the free market.

Others aren’t so convinced.

The Idaho Prosecuting Attorneys Association sent a letter to lawmakers last week in attempts to get them to reject the bill.

One excerpt of the letter reads: “HB 122 includes no protections for law enforcement and will effectively legalize marijuana in the state.”

Say what?

Do they still need to be educated about the difference between hemp and marijuana? Seems so…

According to the letter, some of the sponsors of the bill misled the public regarding law enforcement’s testing abilities. 

They contend that law enforcement can’t always tell the difference between marijuana and hemp simply by looking at it, and there aren’t any roadside tests to make that determination.

“All of these issues, and many more, could be resolved if a consensus bill were to be considered. Unfortunately, Idaho’s law enforcement community has been shut out of the conversation.”

Co-sponsor Republican Rep. Dorothy Moon, however, says that the legislative budget-writing committee has the testing aspect taken care of and is approved for funding for hemp-testing equipment for the Idaho State Police to tell the difference between hemp and marijuana.

Twin Falls Prosecutor Grant Loebs says that law enforcement has expressed the need for a way of testing, licensing, field inspection, and immediate ways to destroy crops or products that contain more than 0.3% THC (the legal limit in the 2018 Farm Bill). 

He contends that they had a “very comprehensive bill which added all of these things we thought were necessary into it.”

The bill will now go to the Senate.

“I think it can be fixed in the Senate without doing any harm to the legitimate goal of allowing farmers to engage in growing this crop,” said Loebs.

How Idaho Governor Brad Little will react to the bill remains yet to be seen.

As always, we will keep you informed.

If you’re from Idaho or live there now, let us know your thoughts in the comments down below!

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5 thoughts on “Idaho Finally Closer to Hemp CBD Legalization”

      1. HI, the Boise one has opened, it is located at the Boise Town Square Mall, its a large kiosk, the Meridian will open in a few weeks located at Fairview and & Locust Grove, it will be an actual Store, now all I have to do is check with my Pain management Doctor to make sure he wont have a heart attack

        Sheryl C. – Kuna, Idaho

  1. Idaho is surrounded by five states and an entire country where cannabis is legal in one form or another. It will go as the lottery once went. Lawmakers in Idaho will see all of the money leaving Idaho for these other places, as they once saw lottery money leaving the Treasure Valley for Ontario Oregon, and will decide that they should be keeping that money here. The cat’s out of the bag in the United States as far as marijuana is concerned. But, have no fear. Those who are against loosening marijuana laws can sleep easy knowing Idaho will be the last state to do so. Oklahoma !!! now has medical marijuana Put that in your pipe and smoke it.

  2. Audrey Williamson

    we were wanting to move to Twin Falls, however we both use cbd oil due to our back injury and knee replacement. It does wonders for muscle strains and other injuries. Its rediculous to think they would make it illegal when it helps so many people with pain. Better than providing people with pain meds, would solve the opiod crisis for sure if your in pain. These head honchos need to be educated on what it is before they turn down what could do wonders for alot of people. We were wanting to make Idaho our home, but not if it will prevent us from using the creams for our pain.

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