Is CBDa and CBD Legal in Idaho?

Posted on May 23rd, 2023

Cannabidiol, better known as CBD, is currently taking the wellness industry by storm. It is one of the hundreds of compounds found in the cannabis plant. Thanks to its new federal legal status, CBD rapidly rose in popularity since the year 2018. Less well known but equally popular? CBDa, or cannabidiolic acid, the acidic precursor to CBD. At Tanasi, we combine these compounds using a patent-pending, 1:1 formulation in all of our hemp extracts. We do so because our research shows that the formulation is 2X more effective than ones with only CBD. But that also leaves people wondering about the legal status of both these compounds.

Outside of our Tanasi universe, CBD is currently a massively growing industry in the United States. However, many entrepreneurs and consumers still face confusion regarding the legal status of CBD and CBDa. After all, the rules vary from the federal to the state level, state to state, and in some cases, even from city to city. If you are from Idaho and are interested in CBD products with CBDa, you might be wondering, is CBD legal in Idaho? What about it’s acidic precursor?

Idaho, in particular, has some of the strictest cannabis laws in the country. Some even consider Idaho’s state laws to be more restrictive than the federal government’s. At the same time, CBD containing 0.3% THC or less became legal on a federal level in 2018. According to Idaho laws, CBD, especially the hemp-derived variety, is only legal if it doesn’t contain any trace of THC. This means that it should have exactly 0% THC. Additionally, CBD manufacturers can only use the plant’s approved parts, which we will discuss later.

For consumers in states such as Idaho, where the rules surrounding hemp and CBD are very strict, knowing how, when, and where to purchase CBD products without breaking the law can be quite tricky. Fortunately, this article will answer the question ‘is CBD legal in Idaho?’ and tell you what you need to know about safely purchasing CBDa and CBD in Idaho.

What is CBD?

As mentioned earlier, CBD is one of the many cannabinoids found in the cannabis plant. It is the second most prominent cannabinoid after tetrahydrocannabinol, popularly known as THC. However, CBD has none of the intoxicating properties of THC. This means that the use of CBD doesn’t cause the ‘high’ effect associated with marijuana. CBD can come from both the hemp and marijuana varieties of cannabis.

Until a few years ago, most raw cannabis strains present on the market had lesser CBD content than THC content. That rapidly changed due to the cultivation of high-CBD strains has been on the rise thanks to the 2018 boom on the market.

What is CBDa?

CBDA occurs naturally in cannabis plants. First isolated in 1996, we still don’t know much about this cannabinoid. But what we do know is that, as the acidic precursor of CBD, CBDA is federally legal when it’s harvested from the fresh leaves and flowers of hemp plants with THC concentrations below 0.3%.

The 2018 Farm Bill

Under the Federal Controlled Substances Act of 1970, all types of cannabis were Schedule 1 substances. This means that all cannabis, including hemp strains containing less than 0.3% THC content, were illegal on a federal level for a long time.

Under the law, Schedule 1 substances are drugs that currently do not have any accepted medical use and have a high potential for abuse. But as we now know today, CBD is a popular supplement that’s non-addictive.

Fortunately, the enactment of the 2018 Farm Bill made hemp an ordinary agricultural commodity. The cultivation of hemp, thus, became legal on a federal level. The act created a legal distinction between hemp and marijuana, therefore removing hemp from Schedule 1 status. Hemp refers to cannabis with less than 0.3% THC, while marijuana is cannabis with more than 0.3% THC.

Even so, individual states have the power to regulate and even ban the cultivation, selling, and buying of CBD, independent of the FDA’s policies. So, the question remains: is CBD legal in Idaho?

CBD Laws in the State of Idaho

Currently, there is no clear legal distinction between hemp and marijuana in Idaho. Under Idaho code S37-2701(t), hemp is also considered marijuana. CBD products are only legal if they meet specific requirements: containing 0% THC and come from one of the five approved components of the cannabis plant:

  • Mature stalks.
  • Seeds of the achene of the plant.
  • Fiber made from the stalks.
  • Sterilized seeds of the plant that can’t germinate.
  • Other compounds, salts, derivatives, mixtures, or preparation of mature stalks.

Thus, going back to the question, is CBD legal in Idaho? And what about CBDa? The answer is: Yes to both, but only if the end product meets the above requirements. Otherwise, it will be considered a controlled substance under Idaho law and, thus, illegal.

The state is yet to legalize hemp that contains less than 0.3% THC, which the federal government laws require. If a CBD product contains even trace amounts of THC and does not come from the five mentioned parts, it is still considered marijuana.

Marijuana Possession in Idaho

Idaho law states that an individual has possession of something if the individual is aware of its presence and has physical control of it or has the power or intention to control it. If they find you in possession of a CBD product without a legal prescription, they can charge you with the possession of marijuana.

Types of Marijuana Possession

I you have either actual, joint, or constructive possession of marijuana, you are risking a conviction. These are the different types of offenses the Idaho law defines regarding marijuana possesion.

  • Actual Possession: This is whereby an individual is found with marijuana on them, for instance, in their pocket.
  • Constructive Possession: This is whereby marijuana is found somewhere an individual has control over, for instance, in their car, office, or house. However, it is important to note that simply finding marijuana in a place you have control over isn’t enough to convict you. The police should also provide evidence that you were aware it was there.
  • Joint Possession: This is whereby marijuana is found under the control of more than one individual. For instance, in cases where a couple stashed marijuana in their closet.

Punishment for the Possession of Marijuana

Under Idaho’s state law, if you have 3 ounces or less of marijuana, you could face a misdemeanor charge punishable by a fine of up to $1,000 and/or a jail term of up to 1 year. On the other hand, having more than 3 ounces of marijuana is a felony crime punishable by a fine of up to $10,000 and/or a jail term of up to 5 years.

Licensing Requirements for CBD in Idaho

At the moment, there are no state licensing or sale regulations for CBD products. This is mainly because there is a very narrow window for selling legal CBD products in Idaho. The issuance of permits to sell CBD or operate stores that deal with CBD fall under city jurisdictions. Some cities will require retailers to provide lab results to verify that their CBD products meet the state’s requirements.

The cultivation, sale, and/or delivery of a CBD product that doesn’t meet the stipulated requirements for legal CBD is an offense.

Suppose you ever find yourself convicted of cultivating, selling, or delivering between 1 pound and 5 pounds of marijuana. In that case, you will be facing a minimum of one-year jail term and a fine of $5,000. Cultivating or selling between 5 pounds and 25 pounds of marijuana will have you facing a minimum 3-year jail term and a fine of $10,000. If, instead, the conviction is for cultivating or selling more than 25 pounds of marijuana, you could face a maximum fine of $50,000 and a minimum jail term of 5 years.

The maximum penalties for the cultivation, sale, or delivery of marijuana in the state of Idaho are a 15-year jail term and a fine of $50,000.

Where Should I Buy CBD in Idaho?

It can be extremely difficult for consumers to know where to purchase CBD products that comply with Idaho’s state requirements, given the vast number of restrictions. With plenty of CBD retailers available in different cities across Idaho, it can also be challenging to verify whether the product they are selling contains 0% THC.

The safest and most reliable way of purchasing CBD oil and other products is through a reputable online retailer. This way, you can verify all their products’ information posted online  meet the state requirements for legal CBD.

Is CBD Legal in Idaho? – The Takeaway

Idaho is one of the states with the strictest rules regarding CBD products. Understanding these rules can help you stay out of legal trouble. Keep in mind is that for a CBD product to be legal in Idaho, it should contain 0% THC, and it should only come from either of the five approved parts of the cannabis plant. Always be on the lookout for this information when looking to buy CBD products in Idaho.

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