Is Delta 8 THC Legal in Idaho?

In the State of Idaho, Delta 8 THC is not allowed. It is federally legal due to the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 legal (as long as the Delta 9 contents remain under the .3% delta-9 THC threshold). Some US States like Idaho have their own laws regarding these products in their states. 

Though it's a bummer that residents can't enjoy Delta 8 THC, there are other psychoactive cannabinoids available in the state to enjoy lawfully.  For example, hemp-derived Delta 9 products are lawful as long as they meet the federal limits which opens up the opportunity to enjoy edibles and smokable products in order to enjoy the euphoric high of THC.  With the state open to such types of THC such as Delta 9 THC, it makes you wonder why state officials are against the most popular type of THC in the nation?

No, Delta 8 THC is not legal in the State of Idaho.

In Idaho, Delta 8 is not allowed.  Idaho was the last state to legalize industrial hemp, and current Idaho Delta 8 THC Laws restricts these types of industrial hemp products.

Since the passing of the federal Farm Bill of 2018, Delta 8 legal concerns have come up as lawmakers have argued about the guidance of monitoring specifically the  delta-9 tetrahydrocannabinol concentration (Delta-9 THC) level to not exceed .3% as measured on a dry weight basis.  Relating to hemp, legislative intent from the federal level has always been in monitoring specifically the Delta-9 THC levels as it concerns the legality of hemp.  It's only until recently that state lawmakers have needed to rethink their definition for tetrahydrocannabinols within the state.

What some lawmakers failed to realize is that there are many derivatives of tetrahydrocannabinols other than the Delta-9 THC type.  Since the passing of the 2018 Farm Bill, states have taken guidance from that bill which turned the hemp plant (before-then considered a drug product) into plant material and then was extracted to turn into hemp-derived products, like CBD.  From 2018 and on, legal hemp opened up the nationwide industrial hemp market.

Idaho, though, will be missing out.  Lawmakers in the state have determined their stance on tetrahydrocannabinols, and Delta-8 THC isn't allowed.

Current Idaho Delta-8 Legislation

State law classifies all tetrahydrocannabinols and trans tetrahydrocannabinols under the same umbrella of restricted substances in the state. Though the federal government specifically regulates hemp-derived products to not exceed .3% Delta-9 THC, state legislators generalize THC to all types and varieties.

In House Bill 122, tetrahydrocannabinols is defined as:

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.)
d. [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen 10 1-o1)], also known as 6aR-trans-3-(1,1-dimethylhep 11 tyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-dimethyl-6H 12 dibenzo[b,d]pyran-9-methanol (HU-210) and its geometric 13 isomers (HU211 or dexanabinol).

Though Delta-8 THC isn't mentioned specifically, we can infer that it isn't allowed as it can be generalized under the Tetrahydrocannabinols classification. Being technically one of the salts of isomers from industrial hemp, Delta-8 THC derived from hemp is legal though the total THC levels must not exceed .3%. When Delta-8 and Delta-9 are combined, THC levels would likely exceed Delta 8 THC Possession Limits since most products contain higher amounts of Delta-8 THC than allowed by the State of Idaho. Delta-8-THC with more than .3% is classified as “marijuana” by the state, and is treated as a Schedule I drug.

Idaho Industrial Hemp Act

The House Bill 122 and Senate Bill 1345 makes it possible to grow and manufacture hemp so long as the activities follow the state's rules. The laws also amends existing legislation, changing wording for research and production of hemp while adding an exemption regarding Tetrahydrocannabinols.

Current rules regarding the state's Hemp Research and Development Act can be found online, as the Governor recently signed House Bill 126 to establish the new program.

List of controlled substances

According to Idaho's Uniform Controlled Substances Act, all versions of tetrahydrocannabinol are classified as the same substance. The state makes no differentiation between Delta-9-THC and other forms of THC even in material classified as hemp.

Idaho state law considers Delta-8-THC to be a controlled substance, meaning that it is illegal in the state.

Buying and Shipping Delta 8 THC in Idaho

Since Delta 8 THC is illegal in the State of Idaho, residents can not order products with a shipping address located in the state.

Border States to Idaho:

Washington, Oregon, Nevada, Utah, Montana and Wyoming

Advocacy Groups in Idaho Supporting Delta 8 THC and Hemp Laws

Idahoers are continuously showing support of Delta 8 THC and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:
Idaho Citizens Coalition for Cannabis
Idaho Marijuana Policy Project

News stories covering raids or busts on Delta 8 THC Products and stores in Idaho

3/10/2021
Legislature is trying to prevent fixing marijuana laws

3/8/2021
Idaho House Approves Industrial Hemp Bill