Constitutional ban on legal pot advances in Idaho
As legal weed becomes a reality across the U.S., Idaho is putting up a fight
Ending the war on drugs?
BOISE, Idaho — As legal weed becomes a reality in every corner of the U.S., Idaho is putting up a fight.
State lawmakers on Friday moved forward with a proposed constitutional amendment that would bar the legalization of marijuana in Idaho in an attempt to keep the growing nationwide acceptance of the drug from seeping across its borders.
Idaho is one of only three states without some sort of policy allowing residents to possess products with even low amounts of THC, the psychoactive chemical in marijuana. Residents can cross the state border in nearly every direction and find themselves in a place where marijuana can be bought for recreational or medicinal purposes. Support for medicinal marijuana use is growing among some residents — with legalization activists trying to get an initiative on the state ballot in 2022.
It’s made some lawmakers in the deep-red state nervous, particularly after voters in the neighboring state of Oregon decriminalized the personal possession of drugs like heroin, cocaine and methamphetamine last November.
The joint resolution to ban all psychoactive drugs not already legal in Idaho won approval along a 6-2 party-line vote in the Senate State Affairs Committee. The list of substances would change for drugs approved by the Food and Drug Administration.
But the primary target over the two days of testimony on Monday and Friday was marijuana as Idaho finds itself surrounded by states that have legalized pot.
Washington, Oregon, Montana and Nevada have legalized recreational and medical marijuana, while Utah allows medical marijuana. Wyoming allows CBD products containing less than .3% of THC, the active ingredient in cannabis.
CBD products can be purchased in Idaho, but they must contain no THC.
Backers said the Idaho Constitution needs to be changed because neighboring states, heavily influenced by out-of-state money, have approved marijuana use through voter initiatives, and it could happen in Idaho.
“When drugs are legalized that are currently illegal, it increases health care costs and crime,” said the resolution’s sponsor, Republican Sen. Scott Grow, condemning both recreational and medical marijuana use. “This is about money. It’s not about caring for people who might have pain or sickness.”
Those opposed said medical marijuana is needed for Idaho residents suffering from chronic or terminal illnesses. Dan Zuckerman, medical director of St. Luke’s Cancer Institute, said dealing with over a thousand cancer patients over more than a decade convinced him of the efficacy of medical marijuana in helping with pain and nausea.
“I’ve seen it myself with my own eyes,” he said. “The data is clear that patients benefit from this.”
Sen. Michelle Stennett, a Democrat from Ketchum, also noted that the amendment would prohibit doctors from providing terminally ill patients access to experimental or investigational drugs that are normally illegal but can still be prescribed in certain circumstances when other treatments have failed.
“Passing this would prohibit Idaho doctors and patients from making medical choices,” by banning new medical breakthroughs, Stennett said. “This is a direct impact on the ability of Idahoans to do good medical health care.”
Some lawmakers questioned whether the constitutional amendment could interfere with the legalization of industrial hemp, a potentially lucrative crop for farmers who have seen attempts to legalize the crop fail in recent years.
Opponents also questioned whether the amendment would ban CBD oil containing small amounts of THC.
Both products are illegal in Idaho, but are legal federally as well as in most states.
Grow said there is additional legislation planned to legalize industrial hemp that he expects will pass this year.
The joint resolution would have to pass the Senate with a two-thirds majority. It would then go to the House, where it would also need a two-thirds majority. After that, it would go before voters in the November 2022 general election, requiring a simple majority to pass.
Thirty-six states, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands have approved comprehensive, publicly available medical marijuana programs, according to the National Conference of State Legislatures. Fifteen states and three territories have legalized recreational marijuana.
Keith Graves told the committee he was a member of a group of retired police officers in Idaho who left California, Washington and Oregon. He said those states went downhill with crime and other problems after legalizing marijuana.
“We’re from your future,” he told the committee. “This is the last fox hole. There’s nowhere else to go.”
Bill Esbensen is part of the Idaho Citizens Coalition working on an initiative that the group hopes to put before voters to legalize medical marijuana. He said the constitutional amendment would prohibit legalizing medical marijuana through an initiative, even though he said most people in the state want medical marijuana approved.
“You guys are so afraid of marijuana, you’re willing to blow up the state constitution,” he told lawmakers.
As legal weed becomes a reality across the U.S., Idaho is putting up a fight
Is CBD Oil Idaho Legal & How To Buy It [2021 Update]
The legal status of CBD oil in most states depends on the source. CBD can either be derived from hemp or marijuana. CBD products that are derived from marijuana tend to have a high level of THC. THC is known for its psychoactive properties that make someone high.
However, hemp-derived CBD only has a few traces of THC, which means that it is safe for people to use. In some states, marijuana-derived CVD is available for patients with certain medical conditions, and in places that have no issues with cannabis, anyone can use it.
All-in-all, marijuana laws can be confusing, mainly because the state and federal laws tend to contradict each other. Idaho is well endowed with natural beauty, but unfortunately, is one of the least cannabis-friendly states.
Is CBD oil Legal in Idaho?
Yes. CBD is legal in Idaho provided it has no THC, and it’s not made from marijuana. Hence, residents in Idaho looking to get CBD oil should make sure the products contain absolutely no THC, and it’s made from hemp and not marijuana.
The Federal Government passed the 2018 Farm Bill, which led to the state of Idaho legalizing CBD. However, the inconsistencies between the Federal and State laws, Idaho residents should use or buy CBD oil with 0% THC.
A bill to legalize CBD oil with no more than 0.3% was passed in Idaho in 2015, SB 1146, for uncontrolled epilepsy. It also proposed legal protection for parents with sick kids to purchase CBD oil out of state. However, the bill was vetoed by C.L ‘Butch’ Otter, a Republican Governor, and hence never turned into a law.
He instead issued an executive order for an Expanded Access Program that would allow kids with intractable epilepsy to consume Epidiolex, the FDA-approved CBD-derived drug. Hence, it is legal to prescribe Epidiolex in Idaho.
As per Idaho code S37-2701(t), CBD products are only legal if they contain 0%. The code also states that CBD oil should also be derived from the mature stalks of the cannabis plant, a sterilized seed of the cannabis plant incapable of germination, fiber produced from the stalks, seeds of the achene of the cannabis plant, and other compounds, derivatives, salts, mixture, or preparation of mature stalks.
If CBD oil products fail to meet these requirements, the state laws consider them as controlled substances. Under the code, hemp is also considered marijuana, making hemp extract a controlled substance as well if the requirements aren’t met.
As of now, Idaho is yet to enact a new CBD legislation. In response to the 2018 Farm Bill, a bill was passed by the house and senate to legalize with 0.3% THC hemp under the federal standard and its transportation across Idaho across state lines. However, the bill died when the senate amendments were rejected to the bill.
Permission to sell CBD or operate a CBD storefront is under the jurisdiction of the cities. This may or may not require lab test results to prove the CBD products being sold meet the state requirements. Selling CBD oil products that don’t meet the legal requirements are treated as Schedule 1 substance, marijuana, by law enforcement.
Anyone found in possession of even less than three ounces of cannabis and its derivatives will be classified as a misdemeanor in Idaho. You may face up to five years in jail, a penalty of up to $1000 fine, or both. The small result will also result in a citation as there is no amount of possession allowed. Hence, make sure CBD contains 0% THC and is extracted from the five parts of the cannabis plant.
Why You Should Buy CBD Oil Idaho Online?
The most reliable and safe way to buy CBD in Idaho is through a trustworthy online retailer. Purchasing CBD oil online will allow verifying the source of the oil, the THC content, and getting all the information you need to confirm that the product fits CBD requirements of the state.
You will also find a retailer who is serious about their quality and offer a full 30-day money-back guarantee to back their quality. You will also find brands with customer care services that are efficient. Should you have any concerns or questions about the product, make sure to ask via the customer support department.
You will find products that are THC-free online. You should ask for third-party lab test results to confirm this. The last thing you need is to end up in jail or with a significant fine on your hands for failing to follow the CBD requirements of Idaho. You can still experience the excellent benefits of CBD without any side effects.
With online purchases, you will enjoy the discount deals and special offers that you can barely find in local stores. It will also save you valuable money and time compared to having to leave the house to go to a store.
Going from one shop to another can be very time-consuming. With online purchases, all you need is to research, read customer reviews, and make the most informed decision as per state requirements.
Looking to buy CBD oil Idaho, but not sure what is legal and what isn’t? We look at the legal status of CBD and how to buy it in Idaho 2021.