Idaho Office of Drug Policy Statement

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Idaho Office of Drug Policy Statement

Idaho Office of Drug Policy Statement

With regard to CBD products in general, a 2015 Idaho Attorney General’s opinion states:

Idaho Code §37-2705(a) and (d)(19) and (27) define as schedule I controlled substances any “material, compound, mixture or preparation which contains any quantity’ of either marihuana” ((d)(19)) or “Tetrahydrocannabinols” (i.e., THC) ((d)(27)). Therefore, in order for an oil extracted from the cannabis plant to not be a controlled substance, two conditions must be met. First, the oil extract cannot contain “any quantity” of THC — not just less than .3%. Second, the oil extract cannot be deemed “marijuana” under Idaho Code §37-2701(t)…

In sum, unless an oil extract contains no THC and is excluded from the definition of “marijuana” under Idaho Code §37-2701 (t)…, such oil is a controlled substance in Idaho.

2015 Idaho Att’y Gen. Ann. Rpt. 132-133

With regard to potentially THC-free CBD products, the 2015 Opinion states:

Assuming cannabidiol does not contain any THC (which is more than the undersigned knows), in order to not be deemed “marijuana” under Idaho Code §37-2701(t), it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination.

2015 Idaho Att’y Gen. Ann. Rpt. 133

In other words, the CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise it is illegal in Idaho under current law.