Idaho

Idaho is the country’s most closed hemp market. The state applies a 0.0% detectable THC standard at retail — meaning literally any measurable THC (delta-9, delta-8, delta-10, THCA, HHC, or any isomer) renders a hemp product a controlled substance under Idaho Code § 37-2701. This is stricter than every other state’s framework, stricter than federal Farm Bill (0.3% dry weight), and stricter than the incoming federal Section 781 (0.4mg per container). Idaho’s hemp legalization history is short: HB 126, signed by Gov. Brad Little on April 16, 2021, brought Idaho into the federal hemp cultivation program under Title 22, Chapter 17 of the Idaho Code. Idaho Code § 22-1703 defines cultivated hemp at the federal 0.3% total delta-9 THC dry-weight standard — the cultivation side matches federal law. But at the manufactured product retail stage, Idaho State Department of Agriculture (ISDA) rules (Idaho Admin. Code r. 02.01.07.010) impose a 0.0% THC ceiling. ISDA’s Hemp FAQ specifically states that all hemp products distributed in Idaho — including products passing through the state for out-of-state distribution by Idaho handlers — must test at 0.0% THC. Anything above that threshold is marijuana under Idaho Code § 37-2701, prosecutable under § 37-2732. Practical effect: full-spectrum CBD (which contains trace THC below 0.3% and is legal in 49 other states) is illegal in Idaho. Delta-8, delta-10, HHC, THCA flower, hemp delta-9 gummies and beverages are all illegal. The only lawful hemp-derived products at Idaho retail are CBD isolate (chemically THC-free) and verified 0.0% broad-spectrum CBD — where ‘verified 0.0%’ means the COA from an ISO/IEC 17025-accredited laboratory shows non-detectable THC. Enforcement is aggressive: the Idaho State Police interdict interstate hemp shipments, county prosecutors pursue cases against retailers, and the Boise Police Department has run a stepped-up enforcement campaign since 2024 against vape and smoke shops, with the arrest of Boise Vape, Glass, and Smoke’s owner and the closure of multiple CBD stores including The Honey Pot CBD in 2024-2025. HB 7 (2025), signed into law in 2025, added a mandatory minimum $300 fine for cannabis possession up to 3 ounces — including THC-containing CBD — effective January 1, 2026, and this fine is mandatory (judges cannot waive it). The ACLU has flagged that Black Idahoans are nearly four times more likely to be arrested for cannabis possession than white Idahoans under Idaho’s enforcement patterns. HB 478 (2025), introduced by Rep. Andrus, would formally codify ISDA’s existing enforcement into statute by prohibiting retail food or drink products containing cannabinoids, and would create an annual ISDA retail license for hemp sellers. The 2025 Legislature also advanced a resolution aimed at limiting future ballot initiatives that would legalize controlled substances — anticipating a medical cannabis ballot push for November 2026 (which is being pursued despite the hostile legislative environment). Idaho has no medical or adult-use cannabis program; the only legal cannabis-derived pharmaceutical is Epidiolex by prescription. For the federal cliff on November 12, 2026, Idaho is essentially unchanged — Section 781 is looser than Idaho’s existing rules. The federal change may indirectly affect Idaho retailers by disrupting national CBD supply chains as manufacturers reformulate, but Idaho’s zero-THC retail market itself remains stable. Idaho AG Raúl Labrador has not joined the multi-state NAAG letter on federal intoxicating hemp action because Idaho’s framework already exceeds what Section 781 will achieve nationally.