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Is Delta 8 Legal in Idaho?

Delta 8 is a psychoactive cannabinoid derived from hemp that has gained popularity among consumers in recent years. It is similar to Delta 9 THC, the main active ingredient in marijuana, but with less potency and fewer side effects. 

Delta 8 is federally legal under the 2018 Farm Bill, which legalized hemp and its derivatives as long as they contain no more than 0.3% Delta 9 THC. However, the legal status of Delta 8 varies from state to state, depending on their own laws and regulations. 

Can you consume Delta 8 in Idaho?

The answer is no; you cannot legally consume Delta 8 in Idaho. Idaho has explicitly banned all forms of THC, including Delta 8, regardless of its source. According to the Idaho Code § 37-2701 (t), THC is defined as any part of the plant cannabis sativa and its derivatives, including synthetic equivalents. This means that any product that contains any amount of THC, whether it is derived from hemp or marijuana, is illegal in Idaho.

Idaho’s strict stance on THC is rooted in its commitment to keeping all forms of cannabis illegal despite the federal legalization of hemp and its derivatives. 

Idaho is one of the few states that has not legalized any form of medical or recreational marijuana and has rejected several attempts to do so in the past. Idaho also does not recognize the distinction between hemp and marijuana and considers both as controlled substances. 

Therefore, Delta 8 is illegal in Idaho, and you cannot legally consume it there.

Can you travel to Idaho with Delta 8?

No. Traveling to Idaho with Delta 8 is illegal and risky. If you are caught with Delta 8 in Idaho, you could face criminal charges for possession or distribution of a controlled substance. 

According to the Idaho Code § 37-2732, the possession, delivery, or manufacture of any amount of THC is prohibited, with penalties ranging from a misdemeanor to a felony depending on the quantity and circumstances. 

For example, if you are found with less than three ounces of THC, you could face up to a year in jail and a $1,000 fine. If you are found with more than three ounces of THC, you could face up to five years in prison and a $10,000 fine.

Traveling to Idaho with Delta 8 is also risky for your health, as such Delta 8 products are not tested or regulated by the FDA and could contain harmful chemicals or higher levels of Delta 9 THC than allowed by federal law. Therefore, traveling to Idaho with Delta 8 is not worth the legal trouble and health risks.

What are the alternatives to Delta 8 in Idaho?

Instead of traveling to Idaho with Delta 8, you can try neighboring states that permit the use of Delta 8 or other cannabis products. As of January 2024, 14 states have banned Delta 8 entirely, and Idaho is one of them. However, Idaho is surrounded by states that have more lenient laws on Delta 8 or cannabis in general. 

Some of the neighboring states, such as Nevada, Oregon, and Washington, have legalized recreational marijuana, which means you can legally buy and consume any cannabis product, including Delta 8, as long as you are 21 years or older and follow the state’s rules and regulations. 

Other neighboring states, such as Wyoming, Montana, and Utah, have legalized medical marijuana or hemp-derived CBD products, which means you can legally access Delta 8 or other cannabis products with a valid medical card or prescription or if the product meets the state’s requirements for CBD content and THC level.

Where Can I Buy Delta-8 in Idaho?

Although Delta-8 is currently illegal in Idaho, there are plenty of options for Delta 8 or cannabis enthusiasts in the nearby states, as long as they comply with the local laws and regulations. 

However, you should be aware that crossing state lines with Delta 8 or any cannabis product is still illegal under federal law, and you could face federal prosecution or confiscation of your products. 

When you are within a state that permits using Delta-8, you should only get high-quality and medically-tested products. This is why purchasing them from distributors like Elyxr will give you peace of mind, knowing that you have bought the right Delta-8 products. Elyxr is fully licensed, and all products undergo extensive testing to ensure that you only get top-of-the-line Delta-8 products near Idaho.