Is Hemp Legal in Idaho? A Comprehensive Guide to Hemp Laws and Regulations

Hemp has a more prominent profile now because its use spans health products and textiles to biofuels and building materials. The Farm Bill legalized hemp federally in 2018 but left the jurisdiction to states to do as they please with hemp on their lands. 

This is also why there’s, at least, confusion in many states where folks are being told that hemp has been legalized in many states. 

Idaho’s rules on hemp and THC are super-specific and come with a lot of NOs and IFs. That is why the question, “Is Delta 9 legal in Idaho?” raises a lot of confusion. But don’t worry; the new laws will help farmers, businesses, and consumers join the state’s hemp game. 

We begin by looking at Idaho hemp legalization and telling you everything you need to know about regulations, laws, economic impact, and what we will see changing when we ask, “Is Delta 9 legal in Idaho?”

What is Hemp and How Does It Differ from Marijuana? 

They first consider what it is and what distinguishes hemp from marijuana before looking at Idaho's hemp legislation. Of course, though, marijuana also translates as Latin for Cannabis sativa or hemp. It’s just a difference in the law’s eyes. The only real difference here is that one has less THC, so it is less high. 

What distinguishes them is the THC content by weight, dry; if the hemp contains over 0.3 percent THC, it isn’t hemp anymore. It’s marijuana!

Less than is allowed has it legal in many of the United States, and marijuana is illegal at the federal level in parts of those same territories. So, if we’re talking about the legality of hemp in Idaho, we have to know that distinction.

Historical Overview of Hemp Legalization in Idaho 

Hemp history in Idaho has been complicated. A few years ago, the plant was in the process of going towards legalization in most of the country but was illegal in the state. However, with the federal legalization of hemp via the 2018 Farm Bill, states began to change theirs. 

Idaho didn't immediately get wild over hemp legalization. 

In particular, about THC levels, the state clung to its hard line. Then, even after the 2018 bill, Idaho still only allowed hemp products that had absolutely no THC, lagging far behind other states that had returned to the view of hemp being a low-THC content product. It left many of those in Idaho wanting to grow or sell hemp confused by this slow approach, and they kept on asking, “Is Delta 9 legal in Idaho?”

Idaho’s Hemp Regulations: What You Need to Know 

Idaho’s hemp laws are tight when it comes to THC. The state law mirrors the federal law in defining hemp but with a critical difference: In Idaho, less than 3% THC in your hemp product is not allowed. 

Legal Definition of Hemp in Idaho

"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, as defined in the 2018 farm bill."

Idaho Code § 22-1703

Here’s an overview of what’s allowed and what’s not:

Delta-9 THC 

The answer to “Is Delta 9 legal in Idaho?” is pretty simple in this sense. Idaho law makes any hemp product that has Delta-9 THC in any amount illegal. A THC limit of up to 0.3% is allowed by the federal government in hemp products, while Idaho allows nearly none. This also means no hemp product that has any detectable THC content is legal in the state.

Smokable Hemp

Smokable hemp is banned in Idaho. This would include smoking the hemp flowers and other equivalent products to which they have less than 0.3 percent THC. Hemp advocates in the state are frustrated by a state overall ban on the sale and distribution of smokable hemp.

Idaho Code § 22-1703 

Idaho Code § 22-1703 defines industrial hemp and its lawful use. The federal government allows its use with up to 0.3% THC, while Idaho's limits are more stringent: It is prohibited from having anything over 0.0% THC. Farmers and businesses must test their hemp products regularly for their THC content so that they meet the law's standards.

Idaho Code § 37-2701

This part of the Idaho code tells you which parts of the hemp plant you may use. The law permits the use of hemp seeds and stalks, but if THC is present in any of those products, they are illegal. Items such as hemp seed oil and hemp seed protein powder are technically legal in Idaho as long as they contain no detectable levels of THC in them.

Licensing Requirements for Hemp Growers 

In Idaho, to grow hemp, you need a license from the Idaho State Department of Agriculture (ISDA). This is a very important licensing process if you intend, no matter what, to start growing hemp. 

Here’s how the process works:

Application Process 

In Idaho, you need to prepare an application for a hemp cultivation license, indicating your growing plans. Submitting this application means you will take part in providing information about your land and cultivation methods, as well as what you intend to use hemp for. This application is a very important first brick in the wall for anyone keen on getting into the hemp business.

Background Checks 

Before entering the program, applicants are checked for past felony convictions, particularly for the use of controlled substances. This step ensures that only people with responsibility can grow hemp.

Fees and Costs 

Hemp licenses are available to the state for a fee based on the size of the operation. These fees assist in paying for the expense of administering regulatory control over hemp in the Idaho industry.

Pre-Harvest Testing and Inspections

Before harvest, all Idaho hemp crops must be tested to ensure that they contain no more than 0.0% THC. The ISDA performs the following inspections and tests, and the growers must follow the spirit of the regulations or face legal consequences.

The Legal Status of Delta-8 and Delta-9 THC in Idaho 

Don't skip a state in Idaho; legally, the validity of Delta 8 and Delta 9 THC is widely contested and generates various problems when you ask, “Is Delta 9 legal in Idaho?” 

Delta 8 THC is another common cannabinoid in marijuana; it is closely related to Delta 9 THC, so even with all the fun left out, this popular cannabinoid is crucial in marijuana. Luckily for Idaho residents, both forms of THC are illegal.

Delta-9 THC 

A policy note here: Idaho is super strict on delta 9 THC — so if a hemp product has even a trace, even a trace of it, it’s not allowed in the market here. Though federally legal for hemp with up to 0.3% of THC, trace amounts of Delta 9 THC are prohibited.

Delta-8 THC 

Idaho also makes all Delta-8 THC, a cannabinoid chemically similar to the Delta-9 form, illegal. The only state that hasn’t allowed the sale of Delta 8 THC products is Idaho. Idaho law prohibits any product with Delta-8 THC, even if it comes from hemp.

Uses of Hemp in Idaho 

With Idaho’s strict THC regulations, however, there are several uses for hemp. These legal uses include:

Textiles and Building Materials 

Textiles and construction are common uses of hemp. In Idaho, it’s legal to use the hemp plant for its stalks and fibers, materials that can become fabrics or ropes. 

Hemp is also used in building materials like hempcrete, which is made of that plant and used as a renewable option for concrete. Hemp fibers are used in building materials like ropes, mats, carpeting, newspaper, wax, etc.

Health Products and Food 

In Idaho, hemp seed and hemp seed oil may be used in all food products if THC is absent. The state also uses hemp to make protein powders, snacks, and oils.

Cosmetics and Wellness 

Hemp seed oil is widely used in cosmetic and wellness products. You could, in theory, purchase hemp seed oil products such as shampoos, balms, and lotions in Idaho as long as they are THC-free.

Compliance Best Practices for Hemp Businesses

Due to the compliance factor for hemp businesses in Idaho, it’s essential to ensure you keep things up to date. Here are some best practices for hemp businesses in the state:

Regular THC Testing 

Regular testing of THC content by hemp products is necessary in Idaho. Businesses selling these products will need to make sure that they don’t exceed the state’s 0.0% THC limit, as even the most minute amounts can land you in legal woes.

Proper Labeling 

Compliance is critical, and labeling is how you attain that. If pet owners don’t see the THC content indicated on all hemp products, they need to know that any product with any amount of THC above 0.0% should not be sold in Idaho.

Accurate Record-Keeping 

Idaho law requires that all hemp transactions be recorded in detail. These businesses remain compliant and penalty-free with record keeping.

The Economic Impact of Hemp Legalization in Idaho 

While hemp may not have the economic impact that other states may have, it does have it in Idaho. An opportunity for farmers, businesses, and consumers is opening up the legalization of hemp. 

Here’s how:

Job Creation 

With more Idaho farmers growing hemp, agriculture, processing, and retail jobs are being created. This growth helps the state's economy, particularly in rural areas.

Tax Revenue

Hemp-related businesses in Idaho contribute to the state’s tax revenue. Kulik said the technology’s application could become a valuable source of income for local governments as the industry grows.

Future Changes to Idaho’s Hemp Laws

Idaho’s hemp legislation might change over time, but right now, the answer to “Is Delta 9 legal in Idaho?” is NO! 

With the national trend leaning toward increased hemp acceptance, though, there is room for the state to loosen its THC restrictions. Then, if they are farmers, for example, or businesses, they need to know what the new regulations are if any changes happen.

Conclusion

Overall, Idaho’s hemp laws are strict when you ask, “Is Delta 9 legal in Idaho?” However, our laws still present the possibility for businesses and consumers wishing to be involved in the hemp industry.

But those who want to grow hemp or are selling hemp products still must stay on top of state laws lest they fall out of compliance. 

If a business follows the best testing, labeling, and record-keeping practices, Idaho’s regulatory environment can be quite easy to manage. Although Idaho’s hemp laws are relatively more restrictive, as the hemp market grows, the state could amend its laws to match broader trends, providing even more opportunities for the industry.