Is Delta-8 THC Legal in Idaho?

By | Updated on April 11, 2023

Evidence Based 4

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Delta 8 products are prohibited in Idaho. That’s not surprising since it’s one of the least cannabis-friendly states in the country. Although hemp products are legal, any amount and form of THC is illegal. Here’s a detailed breakdown of delta 8 legality in the Gem State.


Delta-8 THC is illegal in Idaho because all forms of THC are considered a controlled substance.

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Idaho Delta-8 THC Laws

Idaho holds the distinction of becoming the last state to legalize hemp when it passed House Bill 126 in 2021.

Although hemp is legal in Idaho, only the raw plant can contain up to 0.3% delta-9 THC. All hemp-derived products must contain 0% tetrahydrocannabinol (THC).

That’s because the state considers all forms of THC schedule 1 controlled substances:

37 – 2705. SCHEDULE I

Tetrahydrocannabinols or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure

Idaho HB126

Since delta-8 THC is an isomer of THC, it’s included in this definition and is therefore illegal in Idaho.

What is Delta-8 THC?

Delta 8 is one of many forms of tetrahydrocannabinol (THC), the intoxicating ingredient in cannabis. Unlike delta-9 THC, its most common form, delta-8 is only made by the plant in small quantities.

Like its cousin, delta 8 can get you high, cause euphoria, relaxation, and other effects. But research shows that it’s significantly weaker than delta-9 THC (1).

Why Delta-8 THC is Federally Legal

Delta 8 is legal on the federal level thanks to a loophole in the 2018 Farm Bill. The bill legalized hemp products, limiting them to a maximum of 0.3% delta-9 THC.

That means hemp-derived delta-8 THC is legal since it‘s not included in this limitation. All of the delta 8 on the market is made through a chemical reaction from CBD, the most abundant cannabinoid in hemp.

Other States Where Delta-8 THC is Illegal

Every state has the power to align with federal laws or to regulate or even ban delta-8 THC.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Idaho

Delta 8 is illegal in Idaho and likely to stay that way for many years.

However, if the state legalizes adult-use cannabis, we could see delta-8 THC regulated in the same way. 

But that will take a while since Idaho doesn’t even have a medical cannabis program. Advocates are working on getting cannabis decriminalization a medical program on the 2022 state ballot.

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