Hemp Flower in Idaho, is it legal? Idaho Hemp Laws

Idaho legalized hemp under HB 126. What’s the current legal status of hemp flower in Idaho?

Products such as hemp protein powder, hemp seeds, hemp oil, hemp clothing, plastics, and paper with zero THC have been legally sold in the state for years.

But, has the legality of CBD flower changed after the state legalized hemp? Let’s take a look at Idaho’s hemp state laws.

Last Update: August 7, 2023

Article Summary

CBD hemp flower with less than 0.3% THC and smokable hemp products are not legal in Idaho.
The state legalized hemp under HB 126, but only allows the sale of CBD products with zero THC.
In Idaho, any hemp-derived cannabinoid product with a THC limit above zero is considered marijuana.
It’s not allowed to add CBD to food products and offer the for sale in Idaho. The state’s law is compliant with FDA’s regulations.
Individuals interested in growing hemp in this state must obtain a license from the Idaho State Department of Agriculture.

Is Hemp Flower Legal in Idaho?

No, smokable hemp flower with less than 0.3% THC is not legal in Idaho.

Idaho legalized hemp under HB 126, signed into law April 2021. Individuals interested in growing hemp in this state need a license from the Idaho State Department of Agriculture.

The bill excludes hemp from the definition of marijuana, but the state hasn’t lifted the sturdy restrictions on hemp-derived CBD products.

Under Idaho’s law, CBD must contain zero THC and be extracted from one of the five identified parts of the cannabis plants, including:

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

Unless these two conditions are fulfilled, CBD is considered unlawful in Idaho.

Where to Buy Hemp Flower in Idaho?

It’s unlikely to find hemp flower for sale in Idaho because of the state’s restrictive laws. Hemp is legal to mail, so many people decide to order their hemp flower online.

Here is what you need to know about buying hemp flower online in Idaho.

Experienced Growers

Hemp crops require experience and expertise to succeed. The plant requires just a fair amount of water because water overload can stress the plant and cause an increase of THC over the legal amount. If the hemp flower you are buying has not been grown by experienced farmers, it is likely to flop or will be of low quality.

High-Quality Hemp Flower

High-quality CBD flowers have a striking green and purple color and are covered in trichomes. For comparison, low-quality hemp flower is brown or yellow, covered in seeds rather than trichomes.

Organically-Grown Hemp Flower

Hemp flower is a great natural alternative to consuming CBD compared to other processed CBD products. That’s why it is important to always look for organically-grown hemp flower.

Mr. Hemp Flower offers non-GMO and pesticide-free hemp flower. Our hemp flower is grown in clean soil, contains high levels of CBD and a rich terpene profile.

Avoid Carrying Hemp Flower in Public

Although the 2018 Farm Bill legalized hemp, states are still in the process of legalizing hemp and issuing licenses.

Hemp flower resembles marijuana, so it is for the best to avoid taking your hemp flower with you in public. Smoking hemp flower in your car or in any public area should be avoided regardless of the state.

Idaho Hemp Flower for Sale

Mr. Hemp Flower offers high-quality CBD flower grown by experienced farmers in Oregon, Washington State, and Colorado.

All of our hemp flower batches are tested by an independent, third-party lab and contains less than 0.3% THC. Expect a quick delivery within 3-5 days. Together with lab analysis, we include notice to law enforcement in each package.

Check out our best CBD flower with over 16% CBDa:

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Hemp Products Legal in Idaho

Some hemp products have been legal in Idaho even before the state legalized hemp officially.

Hemp extracts, oils, and derivatives that do not contain any THC and are excluded from Idaho’s legal definition of marijuana are fully legal in this state.

Under the Idaho law, marijuana is “all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin [1].”

So, to not be labelled as “marijuana” under Idaho’s law, hemp CBD products must be derived from the mature stalks, fiber from the stalks, oil or cake made from the seeds or achene of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks or the sterilized seed of the plant which is incapable of germination.

Can You Buy CBD in Idaho?

Yes, CBD extracts with zero THC are legal in Idaho.

According to Idaho’s hemp law, hemp products containing any THC are not allowed to be sold in the state.

This means that only CBD isolate (CBD with 0% THC) and broad spectrum CBD products (CBD with terpenes) are excluded from the definition of marijuana. Full spectrum CBD products with less than 0.3% THC are not legal in Idaho.