Over two years after the USDA approved the Farm Bill to legalize industrial hemp, Idaho became the last state to do so. But just because hemp is legal, there are still strict limitations on what a company can produce and sell to the general public.
HB 126
In February 2021, the Farm Bureau partnered with the House Agriculture Committee to create a hemp legalization bill. Titled HB 126, it would legalize the production, transportation, and sale of industrial hemp within the state. It passed relatively uneventfully through both the House and the Senate, making its way to Governor Brad Little’s desk just last week.
This past Friday, April 16, Governor Little signed HB 126 into law, finally making hemp legal in Idaho. Many activists and producers are cheering this advance and are excited to see where this endeavor takes the industry. However, there are some strict rules in this hemp law that other states and even the Farm Bill don’t have.
Strict Rules
The Farm Bill defines hemp as:
“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Idaho added a provision to the above law to make it stricter. They added THCA to the list as well. THCA is more of a neuroprotectant than a psychoactive cannabinoid, and is a precursor to Delta 8 and Delta 9. These are psychoactive cannabinoids most known for creating a euphoric high in consumers. THCA also breaks down into CBD, a non-psychoactive popular cannabinoid known for its proclaimed medicinal properties by consumers.
THCA qualifies under the Farm Bill as an industrial hemp cannabinoid because of its structural difference to Delta 9. However, it is still illegal under Idaho state law. If THCA is illegal, it’s likely that CBD, Delta 8, and Delta 10 are also illegal under the state law. It seems all psychoactive properties in hemp and cannabinoids are illegal and look to stay that way. Idaho representatives are working towards approving a constitutional amendment to ban all psychoactive substances in the state, from medical cannabis to psychoactive cannabinoids.
Future?
Hemp is now legal in Idaho, but there are some serious restrictions set in place. In addition to adding THCA to the definition of hemp in the state, there are a few other changes.
Idaho was looking at even making the transportation of hemp illegal in the state despite the Final Rule of the Farm Bill. Now, all transporters must have paperwork about what they are transporting. They must also allow peace officers to “randomly select reasonably sized samples not to exceed 20 grams” for compliance testing. Facilities are also under these rules, meaning officers can enter the facility when they like and take products to test for THC content.
The Idaho Department of Agriculture has until the first of September to submit a plan to the USDA on rules, fees, production, sales, and processing of hemp. Production is set to begin in 2022. Farmers and producers are excited, but there are a lot of extra steps to make hemp work in Idaho.
Make sure to check back for cannabis and hemp related news.