Are Delta 9 THC Gummies Legal in Idaho After the State Legalized Hemp?

Delta 9 Idaho

In November 2021, Idaho received approval on its hemp program as the last state in the nation to legalize hemp. But don’t get too excited the state is still holding back in regards to allowing the sale of hemp-derived products. Can you buy hemp-derived delta 9 gummies in Idaho? Let’s take a closer look. 

Last Update: November 20, 2023


  • Hemp-derived delta 9 gummies with less than 0.3% THC are illegal in Idaho.
  • The state was the last in the nation to legalized hemp under HB 126. Unfortunately, the bill allows the manufacture, distribution, and sale of hemp products with zero THC.
  • Only CBD isolate and products with no THC concentration are legal in Idaho.
  • You can’t purchase any hemp product infused with THC in Idaho because the state has very restrictive cannabis laws.
  • Cannabis is illegal in Idaho for recreational and medical purposes.

Can You Buy Hemp Delta 9 Gummies in Idaho?

Unfortunately, delta 9 THC gummies are illegal to buy in Idaho.

The state doesn’t allow the sale of full spectrum and whole-plant hemp items because they contain THC. Our gummies are rich in legal THC (delta 9), which is an essential and highly beneficial compound of the hemp plant. 

The only hemp-related thing allowed in Idaho is CBD isolate, which doesn’t contain any THC. If the law loosens up (hopefully soon!), Mr. Hemp Flower is here to serve your needs. We specialize in whole-plant hemp products, so you won’t find anything that’s legal in Idaho within our line of products. 

That’s such a shame because we offer the best and most effective whole-plant hemp products on the market. Customers absolutely adore our sugar-free, vegan gummies because of the rich profile of cannabinoids and terpenes. One of the best-sellers is our full spectrum CBD gummies, which offer the fullness of hemp’s plant profile in a bite.

Each gummy contains 25+mg of CBD and 1mg of THC, making up a 1:20 CBD to THC ratio. Due to the high CBD content, you won’t even notice the THC in them. These gummies have a relaxing effect, in part thanks to the terpenes like myrcene, limonene, and pinene. If you know anything about hemp cannabinoids, you can tell the excellence behind this formula and its potential effects. 

If you want to try a more potent sleep cannabinoid, cannabinol (CBN) is the new go-to. With over 40mg CBD and 7mg CBN, our full spectrum CBN gummies have been formulated to bring effectiveness and potency for sleep and relaxation. 

Are Hemp Delta 9 Gummies in Idaho?

No, delta 9 THC gummies and full spectrum THC products derived from hemp are illegal in Idaho. 

Currently, the state’s laws are in conflict with the federal bill because they prohibit the sale of full spectrum hemp products.

Idaho is among the very few states in the nation that only permit the sale of hemp-derived CBD products with zero THC. Idaho Code §37-2705 defines “any material compound, mixture or preparation which contains any quantity of either “marihuana” or “tetrahydrocannabinols” as schedule I controlled substances.

So, for any hemp oil to be legal, it cannot contain any quantity of THC (not just 0.3%) and cannot be deemed marijuana under Idaho law. 

Regarding THC-free CBD products, the law is strict. To be considered legal, CBD products must contain zero THC and be derived from five identified parts of the cannabis plant, including:

  • The mature stalks
  • Fiber produced from the stalks
  • Oil or cake made from the seeds or the achene of the plant
  • Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
  • The sterilized seed of such plant which is incapable of germination. 

Idaho was the last state to legalize hemp cultivation, and it took three years after the adoption of the Farm Bill of 2018. Despite that, the sale of hemp-derived products with any amount of THC remains illegal in Idaho. 

Read more: State-by-State Hemp Delta 9 Gummies Legality Guide

What is Hemp-Derived Delta 9 THC?

Hemp-derived delta 9 THC is the only legal THC you can buy in states where hemp-derived products are allowed. This THC naturally occurs in hemp and is extracted from the flowers of federally compliant plants. The hemp plant is the legal Cannabis sativa variety with no more than 0.3% total THC by weight (delta 9 + THCA). 

To be lawfully sold in products, delta 9 THC concentration must not exceed 0.3% by dry weight. Marijuana-derived THC remains illegal federally, and you can use it in states that legalized the plant for recreational use. According to studies, THC offers multiple beneficial effects to the user, including pain relief, help with inflammation, sleep issues, and low appetite. 

Legal Delta 9 THC and Federal Law

When talking about legal delta 9 THC, we’re talking about THC derived from hemp. The hemp plant was legalized under the Farm Bill of 2018 as the non-intoxicating Cannabis sativa with no more than 0.3% THC by weight. 

Thanks to this federal bill, THC extracted from federally compliant hemp can be lawfully used in products in a concentration of no more than 0.3%. As a result, hemp-derived products with 0.3% THC can be legally sold in most states except Idaho and Kansas. The bill of 2018 distinguished hemp from marijuana, defining it as:

“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 0.3 percent on a dry weight basis [1].”

Regarding the use of cannabinoids in food products (like gummies), the FDA still hasn’t approved CBD in food. The federal agency considers this cannabinoid an adulterant if used in food because it’s an approved epilepsy drug.

The “drug exclusion” rule states that substances approved as drugs cannot be used in food products. The FDA tolerates CBD’s sale in food as long as the products are not marketed under medical claims. 

Delta 9 Idaho Laws

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Delta-9 THC FAQ

Hemp-derived delta 9 THC is legal under the 2018 Farm Bill and in most states in a concentration of less than 0.3% THC.

Delta 9 is the main psychotropic compound in cannabis. Compared to delta 8, delta 9 is more potent and intoxicating.

Yes, delta 9 will get you intoxicated or “high.” This compound has an affinity towards the CB1 receptors in the brain, which are thought to be responsible for the THC “high.”

It does. Hemp that’s cultivated to be compliant with the federal bill and state law must contain less than 0.3% delta 9 THC.

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.

No. Despite allowing hemp cultivation under the Farm Bill of 2018, Idaho didn’t change its laws to incorporate the sale of hemp-derived products with less than 0.3% THC. The only products allowed for sale in this state are zero THC cannabidiol products.

Checkout our State-by-State Articles: 

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