Idaho’s law doesn’t differentiate between hemp as a federally legal plant and marijuana as a controlled substance. The state has been opposed to changing the law and considers hemp CBD products with any percentage of THC illegal.
Can you buy CBD hemp flower in Idaho? Let’s take a look at the legal status of hemp flower in the Gem State.
Is CBD Hemp Flower Legal in Idaho?
Idaho law doesn’t distinguish between hemp and marijuana, which means hemp flower is illegal in this state.
Under state law, any substance that contains any amount of THC is a controlled substance. According to the 2015 Advisory Letters issued by the Governor, “hemp plants” are considered marijuana because they are plants of the genus Cannabis regardless of the species. [1]
The issue is, hemp is now federally legal, and the state won’t be able to oppose state hemp legalization. So, a new hemp bill was recently introduced to the Idaho Senate to legalize hemp.
In December 2019, Governor Little authorized hemp transportation through Idaho. The Governor issued an Executive Order related to the conflict of interstate transportation of hemp between a hemp company from Colorado and the state.
Namely, the state seized the company's hemp that was just passing Idaho to get to another state under the claims that hemp is an illegal plant. Now, the Executive Order permits the interstate transportation of hemp under the 2018 Farm Bill — allowing companies to legally transport hemp through Idaho.
Where to Buy CBD Hemp Flower in Idaho?
Idaho doesn’t have a hemp market, so many people find the most quality hemp flower online.
Best Hemp Flower on the Market
Here are the hemp strains from reliable companies we recommend and use:
Bubba Remedy from Mr. Hemp Flower
Bubba Remedy is a hybrid strain with light green, nicely cured buds that contain 17% total cannabinoids. Perfect for daytime smoke, you can use this strain to experience the full entourage effect and alleviate aches and pain.
Purple Panties from Industrial Hemp Farms
Purple Panties is an indoor-grown, seedless hemp flower with 21.48% total cannabinoids. This strain has a nice piney, terpy, and fruity smell and, according to users, is “full of flavor.”
One of the world’s most popular strains, Elektra, offers strong aroma and flavor, dense nugs, and a great potency with total CBD-a content of 19.72%. If you’re looking for a premium product with high CBD levels, piney flavor, and incredible benefits at an affordable price, this strain has it all.
Is CBD Legal in Idaho?
According to a 2015 opinion issued by the Idaho Attorney General, hemp CBD is legal only if two criteria are met: [1]
- The substance doesn’t contain any “quantity” of THC (not just less than 0.3%)
- The substance is excluded from the definition of marijuana
Since the hemp plant — and its oils, extracts, and derivatives — is still considered marijuana under Idaho law, hemp CBD is currently illegal in this state.
The only parts of the cannabis plant not considered marijuana are mature stalks, fiber from the stalks, sterilized seeds incapable of germination, etc.
Hemp CBD products that are not derived from the five legal parts of the cannabis plant and are not completely THC-free are considered illegal in Idaho.
FAQ
Idaho hasn’t legalized hemp or hemp flower. For the time being, there is no limit to the amount of hemp flower you can buy in this state.
Idaho doesn’t regulate the sale of hemp flower because the plant is still considered marijuana in this state. For now, there are no regulations on whether or not you need a special license to purchase hemp flower in the Gem State.
The hemp plant is not legal in Idaho. For the time being, there are no state laws that allow growers or retailers to sell hemp flower in Idaho
CBD from hemp is only legal if it contains 0% THC and is derived from parts of the cannabis plant that don’t fall under Idaho’s definition of marijuana.
The best place to order hemp flower if you’re from Idaho is online.
CBD oil is legal in Idaho if it doesn’t contain any levels of THC and is derived from parts of the cannabis plant that are not considered marijuana under state law.