Is cbd legal in Idaho? We dispel the fog around this issue.

The Legality of the CBD in Idaho

Many CBD enthusiasts around the country ask us here at Status-CBD whether is CBD legal in Idaho. Now, although the market share of CBD in the US has been steadily growing since the farm bill of 2018, which declassified hemp and CBD as schedule 1 controlled substances, there still remain three states that seem hellbent on enforcing their staunch anti-CBD agenda within their borders .

Idaho, Nebraska, and South Dakota still choose to classify hemp and any hemp derived product such as CBD as a controlled substance which apply to both recreational and medicinal products. This discrepancies between federal and state law has caused major issues for producers transporting Hemp or CBD products across these states’ borders. The only exception that Idaho allows regarding a CBD product is for the treatment of childhood epilepsy in the pharmaceutical drug Epidiolex, however not raw CBD oil of any kind.

The Science Behind CBD

Cannabidiol (CBD) is often a very misunderstood substance. It is a derivative of both either the hemp or the marijuana plant, although CBD extracted from hemp is preferred for purely medicinal purposes due to its lower concentration of THC content.

CBD is the second most active ingredient in cannabis and packs a whole laundry list of beneficial health properties for a number of different ailments:

Scientists research

The effects of Cannabidiol in the body have long been a mystery in the medical community. However, soon researchers uncovered the existence of an internal endocannabinoid system in humans. Our entire body is full of specific cannabis receptors that promote wellbeing and healthy bodily functioning:

As the CBD enters our body, it begins to trigger the endocannabinoid receptors found throughout the human body and induce a greater sense of well being in the user.

Hemp vs Marijuana

Another common question we get asked here at Status-CBD is ‘what’s the difference between hemp and cannabis?’ Now they’re both classified as belonging to the larger family of cannabis plants. The essential difference lies in the total content of the psychoactive substance tetrahydrocannabinol (THC) present within the plant.

Hemp is a cannabis plant from the sativa family which is purposefully harvested for industrial use due to its nearly negligible content of THC around 0.3%. CBD is typically harvested from the hemp plant.

Meanwhile, the marijuana plant is also a cannabis plant belonging both to the sativa and the indica family, however it contains a greater concentration of THC which puts it in a distinct category.

CBD Legal Status in Idaho 

Signature of the CBD Status Law

All forms of CBD, cannabis products and its derivatives are prohibited in the state of Idaho. Any CBD product that is sourced from hemp plants is outlawed outright. On the other hand any CBD product that is sourced from marijuana either for medical or recreational use is prohibited in the state of Idaho.  Idaho is one of the most irreconcilable states in relation to both hemp and cannabis in general. Despite the fact that Farm Bill 2018 officially legalized hemp and hemp-sourced CBD at the federal level, the states still have the right to limit the production and turnover of hemp in its territory

Idaho CBD Policy

Idaho is one of the last states, along with Nebraska and South Dakota as of 2020, that still equates hemp with marijuana and completely prohibits its production, sale, and use in the state according to Section 37-2701 of Idaho Code.

The state has repeatedly raised the issue of legalizing hemp or medical marijuana in recent referendums the latest of which took place in 2019. However, all of these attempts have failed to change the legal landscape in Idaho concerning the legal status of CBD products.

Idaho’s Attorney General’s Veto

In 2015, the Idaho Attorney General published an Advisory Letter on the status of hemp-CBD in the state. According to this view, which is still supported by the Idaho Office of Drug Policy, in almost all cases, owning any form of CBD, whether marijuana or hemp, is illegal. The opinion states that CBD will be legal only if the following two conditions are met:

  1. the substance does not contain THC.
  2. the substance is obtained from one of the five parts of cannabis:   
    • mature stalks of the plant.
    • fiber produced from the stalks.
    • oil or cake made from the seeds or the achene of such plants.
    • any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks.
    • the sterilized seed of such a plant which is incapable of germination.

Even though CBD with less than 0.3% THC is legal in the US, Idaho still insists it’s a drug, unless it meets the above exceptions. Idaho only allows the use of an approved Food and Drug Administration drug containing CBD called Epidiolex for treating seizures associated with Lennox-Gastaut syndrome or Draves syndrome.

Federal law vs State’s rights

Therefore, CBD in Idaho stays in the gray zone, and its residents in fact cannot legally acquire and use CBD, with the exception of federal territories within the state borders and the above exceptions.

Confrontation between federal and state laws

Moreover, Idaho’s implacable attitude towards hemp goes beyond the authority and prohibitions for its residents. In January 2019, Idaho confiscated hemp supplies from a Colorado company that were not intended for Idaho, but were only transported through its territory to another state. This Controversial Hemp Case led to official statements from the United States Department of Agriculture  that reiterated the point that states cannot ban “the interstate transportation or shipment of hemp lawfully produced within the US”.

CBD Extraction Process

The quality of CBD can vary greatly from manufacturer to manufacturer depending on the method of extraction utilized. In the CBD business, There are three main ways to extract CBD:

  1. CO2 extraction method – This process produces an extremely pure product that works by heating up the CO2 gas which then converts it into a solvent liquid. This solvent liquid is able to dissolve the raw hemp and easily extract the CBD with minimal leftover residue. The downside to this method is the high cost of machinery and equipment along with the relative low yield of CBD.
  1. Ethanol solvent extraction method – This process uses ethanol, a highly purified alcohol, as the solvent agent. It ensures a lower cost and a higher yield of CBD compared to the CO2 method. However, there can be traces of ethanol residue in the finished product and is a considerable flammable risk during the extraction.
  1. Olive oil extraction method – This process involves heating up raw hemp plants in order to activate the decarboxylation process. The following step involves submerging the raw hemp in olive oil at a temperature of 212 degrees fahrenheit.

CBD Quality

As we have covered in the previous section, CBD can be extracted a couple of different ways which significantly affects the quality of the final product. Many enthusiasts assert that the CO2 extraction method is the gold standard which ensures supreme quality in the final product.

On the other hand, it is a significantly more expensive product as compared to the ethanol solvent method which guarantees a hefty bang for buck value. Here at Status-CBD, we believe the best choice ultimately boils down to your budget and specific needs.  

Purchasing CBD in Idaho

The state of Idaho makes it nearly impossible for its residents to self medicate on the miraculous product of CBD. However it’s not totally illegal to do so. There are a number of exceptions which were covered earlier in the article. 

The most noteworthy example involves cases of aggressive, childhood epilepsy. The pharmaceutical drug Epidiolex utilizes CBD as the main active ingredient to combat the debilitating symptoms of Lennox-Gastaut or Draves syndrome. It’s interesting to note that no other pharmaceutical drug has proven as effective in treating epileptic cases.

Last Thoughts

Here at Status-CBD, we’re disappointed to see states such as Idaho, Nebraska and South Dakota with such a closed minded view on the healing benefits of CBD. The residents of these states deserve access to the miraculous product which is proven to promote healthy well-being and overall health in adults.

 Warning: this material is for reference only. It is not advertising and is not legal advice. To clarify the information, we recommend that you contact the authorized bodies or organizations of your state.