Is Delta-8 legal in Idaho?

Hemp-derived Delta-8 THC does not appear to be legal in Idaho for now. Keep reading for more info. Click here to order the finest Delta-8 products online!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system.

The endocannabinoid system uses the cannabinoids as neurotransmitters/neuromodulators that work with the cannabinoid receptors throughout the human body. The system is still being studied, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a popular THC product used for therapeutic and personal needs. It is similar to Delta-9 THC and we’ll look at that in the next section. Most states are onboard with Delta-8. Idaho appears to be on its own schedule.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in cannabis, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

An isomer is one of two or more compounds that have the same number of atoms of the same elements but have different structural arrangement and properties.

The molecules that make these three types of THC are very similar in form. A small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. The 2018 Farm Bill (see next section) established new federal legal definitions and rules for hemp, including that hemp and “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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be used for production, sales, transport, and use.

Hemp and hemp derivatives include cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

What is the Farm Bill and does the Farm Bill make Delta-8 THC legal?

The Farm Bill legalized hemp and Delta-8 in the United States. For many years in the United States, cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant.

In 2018, the United States Congress enacted a groundbreaking piece of legislation, known as the 2018 Farm Bill. It defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids.

How do you buy high quality Delta-8?

Purchasing great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

For trust and reliability, producers should only use third-party lab testing and publish the CoA results where buyers can access them. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including all varieties of our premium Delta-8 Gummies.

Where is Delta-8 THC legal?

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. But states still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. To learn about other states, read Is Delta-8 THC Legal in Your State?

Where to buy Delta-8 in Idaho

Delta-8 may not be available from stores in Idaho for the near future. Earthy Select’s convenient and private direct mail order service sells gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and the law in Idaho

Hemp-derived Delta-8 THC does not appear to be legal in Idaho for now.

Idaho is quite strict with cannabis and didn’t legalize hemp until April 2021 with HB 126, which states that all forms of THC or equivalents of cannabinoids are controlled substances.

The raw cannabis plant can contain up to .3% Delta-9 THC per the Farm Bill. However, hemp and CBD products must have zero THC and be derived from one of five parts of the cannabis plant: mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the achene of the plant; any other compound, salt, derivative, mixture, or preparation of the mature stalks; or a sterilized seed of the plant incapable of germination, according to Idaho code S37-2701(t).

The good news is that there is progress on the horizon.

There is a movement in Idaho to reform its racist marijuana laws with a proposed decriminalization measure for the 2022 ballot. A separate effort aims to put a medical cannabis initiative on the ballot in 2022 as well [3].

Idaho residents may not yet be able to purchase Delta-8 from retailers in their state, even though it complies with the federal Farm Bill. Visiting a neighboring state with more freedoms and or ordering online may be the best bet.

Final thoughts on Delta-8 in Idaho

Idahoans don’t have the same access to Delta-8 as other citizens. Ordering online might be the right solution. We ship Earthy Select’s premium Delta-8 nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

Frequently Asked Questions

How long does Delta-8 stay in your system?

There is no exact answer since everyone is different. Delta-8’s effects typically last a matter of hours, depending on the product and method of ingestion.

Delta-8 THC can remain in the system for about two days if you only use it once or twice. If you use it routinely or in high doses, it may take 2-5 weeks to be completely cleared from the system.

The strength and duration of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

How do I take Delta-8?

Delta-8 is available in many consumable forms. Its flower or bud can be smoked, its oil can be taken sublingually (under the tongue) or with food. Liquified Delta-8 comes in vape pens for inhalation, and gummies work best when they are completely dissolved in the mouth. Concentrates are also an option for dabbing. Tablets and lozenges are great for maintenance dosages. Delta-8 is available in something for everyone (21 or older 🙂 ).

How is Delta-8 legal?

THC comes from the cannabis plant. For many years in the United States, cannabis was illegal whether or not it contained THC. In the last decade Congress enacted two groundbreaking pieces of legislation, known as the 2014 Farm Bill and 2018 Farm Bills. This legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states*. It also states that derivatives of hemp (cannabinoids, extracts, isomers) are also federally-compliant. The THC isomers in our products are made exclusively from organically-grown, federally-compliant hemp.

Is it legal to send Delta-8 in the mail?

Yes, but even though these products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before ordering.

What is a CoA?

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.