Is THCA legal in Idaho? Idaho hemp, CBD, THC and kratom laws

The law in Idaho

Idaho holds finished hemp products to zero THC. Its controlled substances act, in Idaho Code 37-2701, defines hemp as the plant and its derivatives with no more than 0.3 percent total delta-9 THC, a total that counts delta-9 THC and THCA together, and leaves hemp out of the definition of marijuana only when it is grown, processed, possessed or moved under a federal or state hemp license. Plant material or a derivative that contains any THC is presumed to be marijuana if it does not meet that definition or is possessed without such a license.

Schedule I, in section 37-2705, lists tetrahydrocannabinols and their isomers, except "the permitted amount" of THC found in industrial hemp. The state reads that tightly. The Department of Agriculture says licensed handlers may take in hemp with up to 0.3 percent THC, but every manufactured hemp product must be at 0 percent THC when it is distributed, including products made for sale outside Idaho, and the Office of Drug Policy says retail products must contain zero percent THC.

1. July 1, 2004Senate Bill 1371 takes effect, listing spores and mycelium that can produce psilocybin mushrooms in Schedule I.
2. April 16, 2021House Bill 126 is signed and takes effect, creating the Industrial Hemp Research and Development Act.
3. March 30, 2026The Senate rejects Senate Bill 1418, the proposed kratom regulation act, 15 to 20.
4. July 1, 2026House Bill 879 takes effect, bringing ingestible and inhalable hemp retail under the hemp act.
5. October 7, 2026The Department of Agriculture publishes a proposed rule with retailer licenses and a no-detectable-THC standard.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

Section 37-2701 names THCA: it counts toward the 0.3 percent limit for hemp, by decarboxylation during analysis or by calculation. Combined with the zero THC standard for finished products, the Office of Drug Policy says a hemp-derived CBD product with 0.3 percent THC is classed as marijuana.

No Idaho statute names delta-8 THC. Schedule I covers tetrahydrocannabinols, their synthetic equivalents, derivatives and isomers, and the Department of Agriculture says THC is illegal in all manufactured hemp products. We found no Idaho court ruling or Attorney General opinion addressing delta-8 by name.

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Retail, licenses and the 2026 law

House Bill 126 of 2021 created the Industrial Hemp Research and Development Act in title 22, chapter 17, which licenses producers and handlers through the Department of Agriculture. Until 2026 the department required no license to sell CBD at retail. House Bill 879, signed April 2, 2026 and in effect July 1, 2026, adds section 22-1705(4): establishments offering hemp products meant to be eaten or inhaled are subject to the act, and those products must meet the hemp and Schedule I criteria above. Hulled hemp seed, hemp seed protein powder and hemp seed oil are left out.

To carry it out, the department published a proposed rule on October 7, 2026, with a hearing on October 20 and comments due October 28. It would require a retail license for each store, booth or website selling hemp products in Idaho ($100 to apply and $1,000 a year), define any product containing THC as a prohibited cannabis product, and require finished products to contain no detectable THC. It is a proposal and not yet in force. We found no Idaho statute setting a minimum age for buying CBD.

CBD in food and pet products

The Department of Agriculture says the only hemp ingredients allowed in human food are hulled hemp seed, hemp seed protein powder and hemp seed oil, and that no other cannabis-derived ingredient may be used. It follows FDA and the Association of American Feed Control Officials in regarding the use of hemp and hemp products in animal feed as illegal.

Kratom, kava, amanita and spores

Idaho does not list mitragynine or 7-hydroxymitragynine in Schedule I, and no Idaho statute regulates kratom sales. The 2026 Legislature considered both paths: House Bills 830 and 864 would have made kratom alkaloids Schedule I and stayed in the Health and Welfare Committee, and Senate Bill 1418, the Idaho Kratom Consumer Protection and Safety Act, failed on the Senate floor 15 to 20 on March 30, 2026.

Idaho goes further than most states on mushrooms: since July 1, 2004, Schedule I has listed spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin, beside psilocybin and psilocyn themselves. We found no Idaho statute naming kava or amanita muscaria.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.