CBD Oil in Idaho
In the realm of CBD legality, Idaho is a gray state, along with thirteen other states in the US. The gray states have additional restrictions on top of the 2018 Farm Bill provision that legalized the product in general. In contrast, Idaho State law considers any non-FDA-approved CBD oil that contains more than 0.3% THC a controlled substance.
The State Law Needs a Fresh Look or What Do Idaho’s CBD Laws Mean?
Interestingly, this Idaho legislation predates the Farm Bill by three years. The bill allows states the right to decide on their own regulations and prohibitions. Nevertheless, at the time of this writing, Idaho has yet to enact any new legislation in response. As a result, their regulations remain far more stringent than the new federal law.
CBD Legality in Idaho
Furthermore, state law overlooked licensing requirements, which have been left up to the cities by default. The cities, in turn, don’t consistently require lab testing on the oils their license applicants intend to sell. This means that a person can apply to their municipality for a license to sell CBD oil and, depending on what city it is, plausibly sell products that don’t meet the state’s strict criteria.
CBD Hemp Oil in Idaho Why This Is a Problem?
The peril in this disconnect between city and state is being found at some stage in possession of CBD oil containing more THC than the state allows. In such cases, a retailer could face Schedule 1 Controlled Substance charges and face the same sentencing as if they possessed or sold a pound of marijuana, if found guilty. This could mean hefty fines and jail time for an unwitting defendant.
Idaho’s Sole Exception
The one exception is the FDA approved cannabidiol oral solution that was developed to treat intractable epilepsy in children. Before 2015, some parents of children with epilepsy brought it in from out of state, risking the long arm of the law to bring relief to their children. Thankfully, the 2015 legislation made it OK for Idaho physicians to prescribe it as a treatment for the condition.
How to Find Quality Products in Idaho?
- Caveat Emptor — Consumers should be aware that labeling regulations for CBD oils have not been enacted as yet. Therefore, producers are under no legal obligation to disclose how much THC is in their oil on the packaging. Only buy from retailers you know and trust and do your research. Such research may require that you go beyond asking your retailer, whose claims may not necessarily be valid. Contact the makers of the oil you purchased to learn the THC content. The safest bet is actually to get your oil tested at an instate lab. On a positive note, the prices for what is available in Idaho are relatively reasonable.
- How To Navigate These CBD Quandaries — The individual, consumer and retailer alike, the first line of defense is to know the laws concerning CBD oil and always err on the side of the tighter prohibition. For example, your city may not require you to submit lab results to prove that the oils you want to retail are legal by state law. Nevertheless, you should know the legal limit and at least inquire with your distributor (or the producers themselves) what the THC percentage in the product is.
- Helpful Labeling Legislation — Indeed, if you want the healing properties of CBD without the kinds of side effects that THC causes most consumers, you don’t have much to worry about. Generally speaking, the quantity of THC compound a CBD might contain is not enough to get you high. In fact, many studies have shown that the two of them work better together than individually. Nevertheless, in response to the fact that consumers are concerned about the THC content of their CBD oil, an FDA regulation that requires THC content on labels, akin to the ABV requirement for alcoholic beverages, would be helpful for retailers and buyers alike. At present, the FDA is examining the current labeling standards across the industry, and may introduce mandates in the future.
- If the State Went Green — Should Idaho decide to go green and join the other thirty-six states to have legalized marijuana, CBD oils should certainly already be under THC labeling regulations. Also, state licensing laws would go a long way to help standardize CBD sales for the sake of Idaho buyers.
Generally, Idaho retailers and buyers may do well to form relationships with the makers of their CBDs. In the process, they can be assured that the oils they are purchasing and selling are in line with current state regulations. Additionally, while it is wise to be in the know about the state’s current laws, anyone dealing with CBDs in Idaho should keep their ear to the ground for long-overdue legislative changes. Due diligence will be the key to keeping otherwise honest Idaho retailers and consumers of CBD oils from becoming criminalized as unwitting marijuana offenders.
If this article was helpful to you (and I hope it was!) please also check out our comprehensive CBD reviews. There, you are sure find CBDs that fit your budget and taste.
Is CBD oil legal in Idaho?
Only CBD oil containing less than .03% THC is legal in Idaho. The only exception is a particular FDA approved CBD childhood epilepsy remedy.
Can you buy CBD in Idaho?
Yes, but only oil that contains less than .03% THC or the FDA approved CBD used for treating childhood epilepsy.
Can you get a prescription for CBD oil in Idaho?
Yes, but only for the FDA-approved CBD for the treatment of epilepsy in children.
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