Idaho

• Hemp-sourced CBD: ILLEGAL

• Marijuana-sourced CBD for medical use only: ILLEGAL

• Marijuana-sourced CBD for recreational use: ILLEGAL

Unfortunately, Idaho is one of three states that has restrictions on all forms of cannabis, despite the 2018 Farm Bill legalizing industrial hemp on a federal level. The only exception is for pediatric patients with extreme forms of epilepsy—but even they are only permitted to be prescribed Epidiolex (a FDA-approved drug that contains CBD), rather than CBD oil itself.

Because Section 37-2701 of Idaho Code defines marijuana as “all parts of the plant of the genus Cannabis, regardless of species,” CBD is illegal in Idaho. This creates a significant gray area for citizens of Idaho who may only be using CBD legally if they are on federal ground. However, in 2015, Idaho’s attorney general ruled that CBD may be considered legal in the state if it meets a set of strict policy guidelines.