The cannabis plant produces two different herbs – hemp and marijuana. And it was because of this fact that lawmakers mistakenly lumped the herbs together when they banned marijuana in 1937. It was only when researchers concluded that hemp and marijuana have different chemistry that ultimately turned that decision around.
In 2018, citizens of the United States watched as hemp was finally unlisted as a controlled substance through the signing of the 20187 Farm Bill. But while it is fully legal on a federal level across the country, there are still some states that have unique regulations in place to protect their marijuana laws, and one of them is Idaho.
Hemp is fully legal, so technically speaking, you should be able to smoke it without running in with the law. But on the other hand, there’s the issue of marijuana legality. In the state of Idaho, they have some of the strictest marijuana laws. It also hasn’t been decriminalized, so offenders found in possession or under the influence of hemp can be jailed.
The reason why it’s important to consider marijuana laws if you’re thinking of your taking your raw hemp flower out and about is because of the shared properties between marijuana and hemp. Based on the law, hemp is any part of the cannabis plant containing less than 0.3% THC.
Anything more than that qualifies the sample as marijuana. The problem there is that unless the sample is sent to a lab for testing, there’s no way to tell if it’s one thing or another. So law enforcers are caught in between, being unable to apprehend marijuana offenders based solely on the appearance and aroma of the herb.
For hemp users, this could pose a problem especially if the herb is confiscated for testing. After all, no one wants to surrender their stash. The best way to avoid that would be to just keep your raw hemp flower at home. Fortunately, the same stringent rules and regulations don’t apply with the wide range of other hemp products.
Since raw flower is typically discouraged for use in public spaces, law enforcers and lawmakers recommend the use of other hemp products like edibles. These make up a large chunk of the hemp market, and are available almost everywhere. They’re some of the most popular products sold online, and they can be found in convenience stores and gas stations, among many other brick and mortars.
However it’s important to point out that just because they’re available almost everywhere, doesn’t necessarily mean that they’re legal. The Food and Drug Administration hasn’t approved hemp as a food additive. They also assert that hemp extracts aren’t approved as drugs either.
Nonetheless, it seems these products move freely throughout the market, and are shipped across borders without a fuss. So while they might be illegal, you’re not likely to encounter any fuss if you’re found using them in public.
Farmers need to first apply for a state-granted license to grow hemp before they can industrially cultivate it. That said, individuals caught growing hemp without a license can be fined and jailed, depending on the extent of the offense. The reason for this is because of the delicate nature of hemp cultivation.
Slight errors in the process can cause THC levels to rise, and the resulting harvest might not qualify as hemp. Anything with more than 0.3% THC is categorized as marijuana, and isn’t only illegal but is also considered a criminal offense in the State of Idaho.
Idaho’s stringent laws surrounding marijuana may encroach on hemp freedom, but there’s still a lot that citizens can do with hemp within the state’s borders. Just keep your raw hemp flower stash safely tucked away at home, and you should be able to enjoy the hemp within the state of Idaho without any trouble. And even though hemp edibles aren’t entirely legal, they’re still widely accessible within the state, freely sold and used without repercussions.
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