No, Delta-8 THC is not legal in Idaho. State law prohibits the sale, possession, and use of any tetrahydrocannabinol, including Delta-8—even if derived from hemp.
Understanding Delta-8 THC
Delta-8 THC is a cannabinoid found in hemp, known for its mild psychoactive effects—often described as a gentler alternative to Delta-9 THC. While federally legal under the 2018 Farm Bill (as long as it’s hemp-derived and contains less than 0.3% Delta-9 THC), Idaho law does not follow federal standards when it comes to THC variants.
What Does Idaho Law Say?
Idaho has some of the strictest cannabis-related laws in the country. According to Idaho Statutes Title 37, all tetrahydrocannabinols are considered Schedule I controlled substances—regardless of whether they come from hemp or marijuana.
That means Delta-8, Delta-9, and Delta-10 THC are all illegal in Idaho, even if products are hemp-derived and contain less than 0.3% Delta-9 THC by weight.
Federal vs. State Law
While the 2018 Farm Bill federally legalized hemp-derived cannabinoids, Idaho maintains its own definitions. To be legal in Idaho, a product must:
- Contain 0% THC (not just less than 0.3%)
- It is derived from the mature stalks or sterilized seeds of the hemp plant
Since most Delta-8 products are made through the isomerization of CBD, they don’t meet these strict requirements.
Can You Buy Delta-8 in Idaho?
No. You cannot legally buy Delta-8 products in retail stores, dispensaries, or online for shipment into Idaho. Many retailers and delivery services refuse to ship to Idaho addresses due to the state’s restrictive stance.
Penalties for Possession
Possession of Delta-8 in Idaho could result in:
- Misdemeanor charges (under 3 oz)
- Felony charges (over 3 oz or for distribution)
- Fines, jail time, and loss of driving privileges
Even trace amounts of THC in vape carts, edibles, or oils can trigger prosecution under Idaho law.
Will Idaho Change Its Laws Soon?
As of 2025, there are no major legislative efforts underway in Idaho to legalize or decriminalize Delta-8 THC. Advocacy groups continue to push for reform, but progress remains slow.
Alternatives for Idaho Residents
If you're in Idaho and curious about cannabinoids, your only legal options are CBD isolate products that contain zero THC. Always check third-party lab tests to ensure compliance before purchasing.
Conclusion: Know Before You Buy
Delta-8 THC is currently illegal in Idaho, regardless of how it’s sourced. While federal law may allow for hemp-derived cannabinoids, Idaho’s conservative stance overrides those protections. If you live in or are traveling to Idaho, it's best to avoid Delta-8 altogether and stick to THC-free CBD products.