Regulating THC in CBD Oil

Regulating THC in CBD Oil

Cannabidiol (CBD) is a non-intoxicating compound found in both marijuana and hemp. It’s one of numerous natural plant cannabinoids. Confusion about regulations regarding the THC in hemp products abounds. Read John Green’s public testimony about hemp, THC and current regulations here


From a regulatory standpoint, the U.S. Food and Drug Administration (FDA) has federal oversight over the marketplace.   In February 2015 and again in 2016, the FDA sent out warning letters to a handful of CBD companies. The letters focused on CBD content that didn’t match product labeling and improper medical claims made on websites. Lab analysis revealed some consumer products had a fraction of CBD claimed on the label.  The FDA is doing its job and the free market is working.  

THC is weighed and measured at the beginning of the process from the dry flower.


Idaho has a current law regarding CBD and the Idaho Attorney General incorrectly interprets this law to mean that products that contain any amount of the THC at all are illegal in the state of ID.  As you can see, Idaho statute is UNENFORCEABLE.    

Idaho Attorney John Green is running for  Idaho Legislative District Seat B.  He wrote a stellar paper regarding the legality of CBD. 
Read that Here.

His suggested changes to the bill as it was presented: 

If you want to know the theoretical maximum percent dry weight value for the THC content of your product, then look for a product with proper labeling information.  This value should appear as “total THC” or something similar, and should be calculated as follows:

Total Potential THC = (0.877 * %THCA) + %THC

This is the theoretical maximum amount of THC present in your product. It accounts for the weight difference between THCA and THC, and assumes 100% conversion of THCA into THC. But the conversion efficiency may not be 100%, which is why this is a maximum estimate. The real amount of THC available for your consumption will probably be lower than this number. Estimating exactly how much lower is tricky because, as we explored, it depends on the details of your consumption method. And of course, all of this depends on having a cannabis product that has been honestly and accurately measured. It’s entirely possible that certain cannabis products on the market today have not been accurately tested, and the numbers on the label may be inflated

A very common question is “Will eating hemp foods show up positive for THC on a drug test?”.

According to the research studies available, the answer to this question is a resounding NO! Regular consumption or use of commercially made hemp foods (such as seeds, cooking oil, cereals, milk, granola) or hemp products (lotions, shampoos, lip balms, etc.) will not show a positive result for THC on a drug test.

The unintended consequences could be devastating for Idaho citizens.   

What Happened to the CBD oil bill in the Idaho Legislature in 2018? 

  • H 410 was modified to eliminate the tracking database for CBD oil so it received a new bill number H 577. The change in bill did not remove all the unintended consequences.
  • Trying to understand how H577 use and possession of Cannabidiol Oil (CBD) will affect your ability to purchase hemp products? John Green makes the Costco connection in this well written article
  • H577 was heard in the House Health and Welfare Committee and passed. It moved to the Senate side to be heard by the Senate Health and Welfare Committee. 
  • March 2018, the bill is being held in the Senate Health and Welfare Committee by Chairman Heider. When Senators motioned for the bill to be heard they were called into the Senator’s office for a private meeting.

    We heard Sen. Heider loud and clear through those closed doors: The people be damned.

    Read more here:

  • Its expected that the CBD oil bill will remain drawered and unheard this year.

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