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Delta 8 THC in Idaho: Is it Legal?

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Delta 8 THC is a cannabinoid found in the hemp plant that has quickly expanded in popularity nationwide with promising results in both the medical and recreational field. While Delta 8 THC has some properties familiar to the main chemical found in marijuana, Delta 9 THC, it has completely different effects along with generally less potency.

But now you ask, is Delta 8 THC legal in Idaho?

Related article: What is Delta 8 THC?

No, Delta 8 THC is not legal in Idaho

As of writing this (11/03/2020), Delta 8 THC is illegal under Idaho state law.

The following bills highlight why Delta 8 THC is illegal in Idaho

HOUSE BILL NO. 122

AN ACT

RELATING TO HEMP; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 17, TITLE 22, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE A TERM, TO PROVIDE FOR RESEARCH AND PRODUCTION OF HEMP, AND TO PROVIDE FOR THE REGULATION OF HEMP; AMENDING SECTION 37-2701, IDAHO CODE, TO REVISE A DEFINITION AND TO DEFINE A TERM; AMENDING SECTION 37-2705, IDAHO CODE, TO PROVIDE AN EXCEPTION FOR CERTAIN HEMP REGARDING TETRAHYDROCANNABINOLS; AND AMENDING SECTION 37-2732, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.

22-1703. DEFINITION.

As used in this chapter, “hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis.

37-2701. DEFINITIONS.

(p) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, the research an development of which, among other activities, are expressly authorized by chapter 17, title 22, Idaho Code.

(u) “Marijuana” means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include hemp or the mature stalks of the plant unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains more than three-tenths of one percent (0.3%) of any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is “marijuana” as defined and prohibited herein.

37-2705. SCHEDULE I.

(d) Hallucinogenic substances. (27) Tetrahydrocannabinols, except in hemp with no more than three-tenths of one percent (0.3%), or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following:

i. Tetrahydrocannabinols:

a. ∆ 1 cis or trans tetrahydrocannabinol, and their optical isomers, excluding dronabinol in sesame oil and encapsulated in either a soft gelatin capsule or in an oral solution in a drug product approved by the U.S. Food and Drug Administration.

b. ∆ 6 cis or trans tetrahydrocannabinol, and their optical isomers.

c. ∆ 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.)

(Full Bill)

The Future of Cannabis in Idaho

If you want to see a change in these laws, we recommend you voice your opinions to your local and state lawmakers. Idaho follows similar laws regarding Delta 8 THC in Utah and Delta 8 THC in Delaware. Unfortunately, they didn't follow the same vein as the Delta 8 THC in Washington. The only way that law are changed is if the will of the people is known.  If you would like to see CBD and Delta 8 THC products in your state, let your representatives know!

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