>Information and Insight on Criminal Law and Civil Rights

>Information and Insight on Criminal Law and Civil Rights

Yesterday we posted about Idaho’s marijuana that is tough. Is Idaho any closer to legalizing products that are marijuana-based? What about cannabidiol (CBD) oil? I don’t think therefore.

It looks like every i receive an email solicitation offering to sell me CBD oil, ordered online and delivered by mail to my home or office week. Each such providing shows that CBD oil is a legal item in most states, including Idaho. I’m not therefore certain.

Against that advertising is this reality: Idaho is just a state that is conservative has very long resisted the legalization of cannabis and marijuana-related services and products. If We purchase CBD oil which is maybe not legal to own in Idaho, can I be prosecuted?

CBD comes from hemp, that will be a plant “of the genus cannabis,” as is cannabis. That truth is essential because Idaho legislation defines cannabis according to the plant genus. It is presumptively marijuana, possession of which is illegal if it is in the genus cannabis. CBD, however, contains little if any THC, the agent that is psychoactive marijuana that produces a “high.” That presence of some trace number of THC could be a deal ender in Idaho as it apparently makes the product illegal to obtain.

Why then may be the Idaho legislature and its own governor against legalizing a THC free product that reportedly can treat medical ailments?

In 2018 our legislature once again considered a bill to legalize CBD oil for medical purposes. […]