Is Delta 8 THC Legal in Idaho? Hemp Laws & Regulations in the Gem State

Is delta-8 THC legal in Idaho? Let’s look at the current hemp laws in Idaho.  

Idaho has some of the strictest hemp laws in the nation. In the Gem state, people can legally sell hemp and hemp CBD products only if they contain no concentration of THC.

Last Update: May 12, 2024


  • Hemp-derived delta 8 THC is not legal in Idaho. State law prohibits the sale, distribution, possession and use of a hemp product with any THC in it.
  • You can’t legally order delta 8 THC products in Idaho online or buy them in a local retail shop.
  • Idaho was the last state to legalize hemp (HB 126) in 2021. Under this bill, the distribution, sale, use and possession of hemp-derived products with any concentration of THC is prohibited.
  • The best alternative to delta 8 THC, or the only legal option, is CBD isolate or CBD oil with zero THC.

Is Delta 8 THC Legal in Idaho? 

Hemp-derived delta 8 THC is not legal in Idaho. The state prohibits the sale of hemp products that contain any concentration of tetrahydrocannabinol. 

Idaho is the last state to legalize the hemp plant and its cannabinoids. It was a long battle, but the state’s governor signed House Bill 126 into law in April 2021. The bill legalizes the production, processing, research, and transportation of hemp with up to 0.3% tetrahydrocannabinol (THC) in the Gem State. 

The new law prohibits the sale of hemp products to Idaho consumers if the products contain any concentration of tetrahydrocannabinol (THC).  

Idaho law classifies all tetrahydrocannabinols as controlled substances, regardless if they’re from hemp or marijuana. This means delta THC is illegal in the Gem State.

 Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC in Idaho?

The Gem State has some of the most restrictive hemp laws. The only products allowed for sale in the state are zero-THC cannabidiol (CBD) products or CBD isolate.

All products must come from one of the five identified parts of the cannabis plant. Otherwise, the product is illegal under current law. 

Can I Order Delta THC Online in Idaho? 

This cannabinoid is illegal in Idaho, and its possession is subject to legal penalties. Also, it’ll probably be very difficult to find a supplier that will ship D8 products to this state.

For now, it’s best to stay away from ordering both full spectrum CBD and D8 THC products online if you live in Idaho because any amount of any form of THC in finished products is a controlled substance. The only amount of tetrahydrocannabinol allowed in the state is 0.3% and in hemp material.  

If the law ever loosens up, you can always order our vegan, sugar-free Full Spectrum CBD Gummies. The 2018 Hemp Farming Act legalized hemp-derived cannabidiol with less than 0.3% THC on a federal level. 

At Mr. Hemp Flower, we believe in the healing power of hemp and its cannabinoids. When buying from us, you’re buying directly from the maker. We screen our products for quality and offer a Certificate of Analysis with each item. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a popular hemp cannabinoid sold all around CBD shops, smoke shops, gas stations, and convenience stores across the United States. This hemp derivative is a close relative of delta 9 THC the primary intoxicating compound of cannabis — and exhibits mildly intoxicating properties. 

Delta 8 THC is twice less intoxicating than its “cousin” molecule, delta 9. As such, it displays a more mild, clear-headed feeling of euphoria without the typical, intense anxiety or paranoia caused by THC. Despite being marketed as a “legal way to get high,” D8 THC offers many potential therapeutic benefits.   

Delta 8 THC and Federal Law 

The legality of delta 8 on a federal level exists in a hazy grey area. Some states have been cracking down on the loophole that makes buying and selling hemp-derived D8 legal in states where cannabis is a controlled substance. 

The hemp industry advocates for the regulation, instead of prohibition, of D8 THC and its isomers. Delta 8 is naturally occurring in the hemp plant but in trace amounts. So, most products on the market are infused with hemp extracts made with D8 that’s chemically converted from hemp cannabidiol (CBD) via isomerization. 

Isomerization is a chemical process in which a compound (in this case, cannabidiol) is transformed into any of its isomeric forms (in this case, D8 THC). Isomers are chemical compounds with the same chemical composition but different structure and physical and chemical properties. 

This chemical conversion of cannabidiol (CBD) is the root of legal confusion. Many consider D8 THC made from hemp-CBD to be synthetically derived. This issue got heated after the Drug Enforcement Administration (DEA) issued its Interim Rule in August 2020. 

The report stated that synthetically derived tetrahydrocannabinols are illegal and that if a cannabinoid is considered synthetic, it doesn’t fall under the protection of the Hemp Farming Act.  

The DEA didn’t see eye to eye with the industry and put D8 THC on its Orange Book of controlled substances. Most experts agree that with this move, D8 has been banned federally. The Orange Book identifies drug products approved by the Food and Drug Administration (FDA) based on safety and effectiveness. 

At this time, more states have been banning this cannabinoid. The industry is waiting for an official response to all unresolved inquiries while the debate on its legality continues. 

Final Thoughts

Delta 8 THC is not legal to buy in Idaho. The Gem State has listed all tetrahydrocannabinols as marijuana and hence controlled substances. Residents of Idaho should avoid ordering hemp-derived D8 online until the law loosens up. 

Delta 8 Idaho Laws

Be Sure to Check Out: 

Our Best D-8 THC Products

Delta 8 Gummies

All Delta 9 Products


Idaho doesn’t allow the sale of D-8 infused hemp products.

You should avoid ordering D-8 products online if you live in Idaho.

Only residents of D-8 friendly states can shop this cannabinoid online safely and legally.

No, so far, 16 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, North Dakota, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, this cannabinoid is safe if manufactured properly. The danger from consuming D-8 products comes from cheap, low-quality D-8 that haven’t been tested.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. We do our best to keep up with state and local policies and regulations, but since those regulations are changing so rapidly, we strongly encourage our customers to check their local state, city and, or county policies before placing an order, as it’s ultimately your responsibility to abide by your local regulations.

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