With cannabis laws differing by state and product, it can be challenging to keep track. You may think you have a handle on your state’s rules—but cross a border, and everything can change. That’s especially true with hemp-derived cannabinoids like Delta 8 (Delta 8 Tetrahydrocannabinol, Delta 8 THC, D8 THC, or D8), which sit in a legal gray area in many places. Which brings us to Idaho, one of the strictest states in the country. Residents of the Gem State want to know: Is Delta 8 legal in Idaho?
You may wonder why Idaho state law is so committed to Delta 8 THC regulation, or if we can foresee a future when this and other hemp-derived THC products are sold without any restraints. Let’s unpack what’s really going on with Delta 8 legality in Idaho and where things might be headed. Keep reading, and we’ll tell you all you need to know about Delta 8 in the Gem State.
Is it Legal To Use Delta 8 THC in Idaho?
So, is Delta-8 legal in Idaho? The answer is no, it is not. State law considers Delta 8, and all hemp (Cannabis sativa) plant compounds and products that contain or are variants of THC, a Schedule I Controlled Substance. By that definition, products that are labeled as such in Idaho are deemed to have a high likelihood of substance abuse and little to no medicinal benefits.
Although the state bans THC (Delta 9 THC, Delta 9, D9 THC, or D9) and related cannabinoids by classifying their derivatives as synthetic substances or synthetic equivalents, it does allow THC-free hemp derivatives—which is a bonus for hemp producers. However, the passing of House Bill 126 (HB 126), which occurred in April 2021, prohibits any products with trace amounts of THC. Anyone possessing or selling THC is subject to misdemeanor charges, which can lead to fines of $1,000 and up to a year in jail.
The fact that hemp-derived cannabinoids such as CBD have legal status means there is some hope. One day, Idaho may change its tune and allow hemp with the current federally legal THC concentration of 0.3%, aligning with the 2018 Farm Bill and hemp laws in other states. But for now, Delta 8 and other THC products are illegal under Idaho state law and should be avoided by residents and visitors.
Delta 8 Laws in Idaho
Let’s take a closer look at Delta 8 THC laws to gain a deeper insight into Idaho cannabis law. According to Idaho THC laws, any product that contains THC is entirely illegal. Although the government has not given an apparent reason for banning THC, a government document on marijuana-derived THC outlines possible negative health impacts. It also mentions concerns of THC leading to substance abuse and more serious drug use. Although it discusses marijuana’s medicinal effects, medical marijuana is also not permitted in the state.
The state’s Office of Drug Policy proclaims, “It is illegal for any person to manufacture, deliver, possess with intent to manufacture, deliver, or possess marijuana, which refers to all parts of the plants of the genus cannabis, including any preparation of cannabis, which contains tetrahydrocannabinol.”
Cannabis is legally defined as the plant, the seeds thereof, and the resin extracted therefrom.
Legal Consequences
Delta 8’s illegal status in Idaho refers to the use, sale, and possession of its products. If you are caught with less than 3 ounces, you could face legal consequences, including misdemeanor charges with fines of up to $ 1,000 and a potential one-year jail term. Possessing an ounce to a pound could lead to felony charges, carrying penalties of up to $10,000 and 5 years in jail.
Interstate Risks
Delta 8’s illegal status brings interstate risks. Many states surrounding Idaho align with the federal Farm Bill, which legalizes hemp products with a THC level of 0.3% or below by federal law. However, Idaho remains firm in its stance against THC. Therefore, consumers must be careful about crossing state lines with THC and shipping THC to an Idaho address.
Final Verdict
Although the state’s legalization of hemp plants and hemp cultivation shows promise for a THC-legal future, there is no sign of it becoming a reality anytime soon.
The Future of Delta 8 Laws In Idaho
Although things look bleak, the future is always uncertain. Cannabis laws change all the time, so who knows what the future may hold? However, for a change to come, Idaho cannabis laws must be amended, and lawmakers have shown little interest in such activity.
Although Idaho residents must respect state law, there are advocacy efforts. Many believe the cannabis plant varieties (hemp and marijuana) should be legal, as they provide various potential medical benefits. It can also support the economy, bringing more money into the state. The fact that low THC products are federally legal can also have some sway.
But for now, these advocates are waging an uphill battle fighting the state’s controlled substances act. It is unlikely changes will happen anytime soon.
Best Ways To Use Delta 8 THC
Although chemical substances classified as Delta 8 THC are illegal in Idaho, they are legal in other parts of the country. Here are the best ways to use this derivative of the hemp plant (Cannabis sativa).
- Delta-8 THC Tinctures and Oils. Tinctures and oils offer convenient dosing. Take a dose and enjoy the benefits of the hemp plant. You can even add them to food and beverages.
- Delta 8 THC Vapes. Vaporizers are becoming an increasingly popular way to consume cannabis plant material. Vape pens are discreet, allowing them to be enjoyed almost anywhere. The terpene-rich flavors enhance the experience and provide a smokeless way to enjoy your favorite strains.
- Delta 8 THC Gummies. As edibles, gummies take about 45 to 60 minutes to hit and have powerful effects. However, they offer convenient dosing. Take a slow and low approach when consuming these products.
FAQs – Is Delta 8 THC Legal in Idaho?
Does Delta 8 Show Up on Drug Tests?
Yes, Delta 8 can show up on a drug test. Most tests are designed to detect THC, and because Delta 8 THC has a similar chemical structure, it can trigger a false positive result.
Can You Fly With Delta 8 Gummies?
Yes, you can fly with Delta 8 gummies, provided you are flying from and to a state where it is legal. However, certain airlines ban cannabis, so it’s essential to read the regulations before you fly. Flying with cannabis, in general, may arouse suspicion, leading to a search that could make you lose your flight. Most airlines aren’t too concerned about cannabis; their priority is searching for weapons. However, taking a “better safe than sorry” approach may be best.
How Long Will One Delta 8 Gummy Stay in Your System?
A Delta 8 THC gummy can stay in your system for up to 30 days. The time it stays in your system varies depending on the dosage amount, metabolism, and other biological factors. However, it’s always best to refrain from using Delta 8 for at least 30 days before your next drug test. Although Delta 8 THC may stay in your system for 30 days, its effect will wear off sooner, typically within 8 hours.
Can You Drink Alcohol with Delta 8 Gummies?
No, it is not recommended to drink alcohol with any hemp-derived Delta products that contain THC isomers, including Delta 8 THC. Both substances are depressants and will enhance each other’s effects, sometimes to dangerous levels. You may experience side effects such as increased impairment, slowed reaction times, decreased coordination, dizziness, sweating, and nausea.
Can I Take 2 Delta 8 Gummies at Once?
Yes, you can take 2 Delta 8 gummies at once. However, you must be careful about consuming too much. If you have a high tolerance and take two low-dose Delta 8 gummies, you will likely enjoy euphoric effects and an enhanced sense of well-being. However, suppose you have a low tolerance and take two high-dose gummies. In that case, you may experience unpleasant side effects like extreme confusion and anxiousness, increased heart rate and blood pressure, delusions, nausea, and vomiting.
Final Thoughts – Is Delta 8 Legal In Idaho? [Here’s the No-Nonsense Answer]
Unfortunately, Delta 8 THC is not legal in Idaho. The state has taken a strict stance against hemp-derived products containing even the smallest amount of THC and/or THC derivatives such as Delta 8 THC. It is illegal to grow, sell, or use Delta 8 THC in the state of Idaho.
If you sell, possess, or use hemp and CBD products with THC, you could face legal penalties. You may end up having to pay steep fines, or you can even face jail time. Although current Idaho laws on uniform controlled substances appear restrictive, future amendments could provide legislative intent that shifts the legal landscape. Advocates could turn things around, making products legal in the state. Lawmakers could recognize cannabis’s economic and medicinal benefits and chart a different path forward for Delta 8 THC and other hemp derivatives. In the meantime, it is advisable to pay attention to state laws and avoid legal penalties at all costs.
Editor’s Note: The information provided on this site is intended solely for general knowledge and should not be interpreted as legal advice or a comprehensive review of current laws. We do not guarantee the accuracy or dependability of the legal details shared here, nor is it designed to influence decisions regarding our products. Laws differ across states and are subject to frequent updates, which means the content may not always reflect the most current legal standards. To ensure compliance, we encourage consulting a qualified attorney in your area or the location where you plan to ship products.
