CBD Oil in Idaho: What to Know Right Now

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

A Guide to CBD in Idaho

  • The FDA defines industrial hemp as containing 0.3 percent THC or less.
  • The Idaho Office of Drug Policy does not distinguish between hemp and marijuana.
  • Any CBD sold in Idaho must contain no traces of THC, and must be made with approved plant parts.
  • Some specialty shops do sell CBD, but its legality is questionable.
  • In Idaho, it is best to make CBD purchases online, where customers can research their products.

Is CBD Oil Legal in Idaho?

The nation’s hemp laws have come a long way in just a few years, especially considering that CBD was on the Drug Enforcement Agency’s list of controlled substances prior to the enactment of the 2018 Farm Bill.

That bill distinguished hemp from marijuana, federally legalizing the farming of industrial hemp and the extraction of its oils for commercial purposes.

Under this federal bill, industrial hemp is defined as having up to 0.3 percent THC, but no more. States are responsible for adopting their own policies regarding hemp-growing programs, and they must work with the United States Department of Agriculture (USDA) in order to get approval.

While states generally look to the USDA for guidance in their individual hemp policies, there is little guidance on CBD policy.

The Food and Drug Administration is hesitant to adopt clear regulations surrounding CBD without further research; the only firm stance is that CBD must not contain more than 0.3 percent THC, and it is not approved as a food additive, supplement or medicine (other than Epidiolex, the FDA-approved drug for certain types of epilepsy).

Regardless of these restrictions, consumers can find all sorts of products—including edibles—on the shelves of specialty stores, vitamin shops, grocery stores and even gas stations. In this article, we will outline some of the key points in Idaho CBD law.

Are There CBD Laws in Idaho?

It is always best to check with government sites to confirm the laws, and this is especially true in restrictive states like Idaho. Most states have relaxed their CBD laws to at least fall in line with the FDA’s position, but Idaho is among the three states in the country that have not. (The other two are Nebraska and South Dakota.)  

Idaho’s position is that there is no difference between hemp and marijuana, and the only cannabis plant that does not count as marijuana is one that contains absolutely zero THC. 

The state allows CBD to be sold in stores as long as it contains no THC and is made from: 

  • Mature stalks of the plant
  • Fiber produced from the stalks
  • Oil or cake made from the seeds or the achene of the plant
  • Any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks
  • The sterilized seed of the plant, which is incapable of germination

This is a tall order, since these parts of the plant do not produce very high concentrations of CBD. What makes the policies even more confusing is that law enforcement is localized.

It is up to the local police departments to keep track of shops and retailers, and they only test when they are tipped off that a shop may be carrying products containing THC.

CBD in Idaho: Understanding Different Types of CBD Products


When it comes to CBD products, CBD oil is by far the most popular. Penguin’s CBD oils are smooth and mild, and they come in a variety of flavors and doses.

You have complete control over how much CBD you’re getting with oil, because you can choose bottles with 250mg, 600mg or 1,000mg, then take as little as one drop or as much as the whole dropperful. Hold it under your tongue for the fastest effects, or add it to your favorite recipes or drinks for a boost to your meal.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

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Starting at $45

CBD Capsules

CBD capsules satisfy the needs of people who prefer a product that travels well. With capsules, you don’t have to worry about messy spills, and you can take your CBD on the run. Penguin’s CBD capsules contain 10mg of CBD per capsule, which gives you precise control over your dose. 

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

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Starting at $45

CBD Gummies

Coated in sweet-and-sour sugar, Penguin’s soft and chewy CBD gummy worms will put a smile on your face the moment you open the jar. These CBD gummies are made with THC-free CBD isolate, and they are a discreet afternoon snack or bedtime treat made to give your taste buds a kick.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

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Starting at $45

CBD Cream

You can use CBD cream every day to treat yourself to the soothing feel of soft and silky skin. Penguin CBD’s cream is infused with essential oils along with the CBD, in a base of a shea and cocoa butter blend, for the perfect texture that will lock in moisture without leaving any residue.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

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Starting at $55

Industrial Hemp in Idaho

While most states have an industrial hemp program, Idaho has yet to adopt one. States that do not have a full-on commercial hemp-production plan generally at least have a pilot program, in which growers are working with universities to conduct research on best growing practices in the state. 

Legislators have tried three times to pass a bill that would allow for the establishment of a hemp-growing program in Idaho, but it has been voted down each time. The most recent attempt, in March 2020, was likely the last opportunity for any sort of legislation this year.

Even though the federal government has clearly delineated the difference between hemp and marijuana (both of them are strains of cannabis), Idaho recognizes no difference. The state has a firm stance that any plant containing any THC is a form of marijuana, regardless of federal designation.

Farmers and activists in the state will keep pushing for hemp legalization in the state, but it appears that legal production is far in the future. This means that any CBD sold in the state is imported, whether it contains THC or not. If you are buying any CBD in Idaho, it was certainly made with hemp from another state.

Can I Purchase CBD Online in Iowa?

Purchasing CBD

There are CBD shops in Idaho, and you can legally buy CBD in those shops as long as the product complies with all guidelines set forth by the Idaho Office of Drug Policy.  

This includes the requirement that it contains absolutely no THC and is made only with parts of the hemp plant listed as acceptable.

Since even the best companies do not generally label which parts of the plant their product is made from, this makes purchasing CBD in a shop iffy. If you go this route, make sure you ask plenty of questions and look for third-party testing to confirm there is no THC. 

Your best bet is likely to do your shopping online, because you can easily verify the composition of your CBD, including confirming that there is no THC.

You can also do more extensive research online to check out your product, and you can confidentially contact the company you are considering to ask any questions you might have.

CBD Oil Idaho

Since all of the CBD coming into Idaho is imported from other states—and possibly other countries—it can be challenging to know which brands are reputable and which are not. Some companies falsify their packaging or are simply negligent in their third-party lab testing, both of which put you at risk of exposure to an ineffective product at best, and harmful chemicals at worst.

These companies are not concerned with bringing you a good product. They are only concerned with taking advantage of consumer enthusiasm for a product that is currently unregulated by the government.

They may use hemp that is grown without oversight, which could lead to exposure to pesticides, and they do not offer any verification about the purity and potency of their products.


Doing your homework to investigate a CBD company before you make your purchase is essential. Penguin makes it easy. Our products are trusted favorites of reviewers and customers alike, and there’s a reason why. We care about the quality of what goes out to our customers and it shows in our transparency. 

Not only are the products at Penguin made with the finest organic hemp in the country; they all come with third-party lab results that are easy to find. That way, you never have to worry about or wonder what is in your CBD. Penguin products stand out in the marketplace because they are just better.

Final Thoughts About CBD Oil in Idaho

Despite the fact that CBD laws are confusing everywhere, most US states have relaxed their restrictions because they have at least followed federal guidelines.  

They make a legal distinction between hemp-derived products and marijuana-derived products, and many states have robust hemp-growing programs in place for commercial or research purposes.

Unfortunately for residents of the Gem State, legislators have been hesitant to allow CBD in. Several bills proposing the development of a hemp-growing program to benefit struggling farmers have been introduced, and they have been struck down each time. The only CBD allowed in the state is that which contains no trace of THC whatsoever and is made from parts of the hemp plant that generally do not produce much CBD anyway. 

Enforcement of these laws is inconsistent, with local officers being responsible for keeping tabs on retailers and residents. They typically only test products in stores when someone tips them off that there is THC in a product. This leads to a great deal of confusion for consumers, retailers and even police officers. 

Advocates for hemp and CBD are working within the state to change the understanding and perception of these products, but it is going to take time.

In the meantime, it is essential that everyone who is interested in trying CBD in Idaho do their research and confirm that their products fall within the legal guidelines. To see the kinds of products you want to look for as Idaho catches up, check out our website and learn about what sets us apart.