Is buying or selling CBD Oil LEGAL in Idaho? Idaho police say "NO”

Recently the owner of a store in Pocatello was under investigation for selling CBD oil in her shop. The police confiscated the oil without a search warrant and tested it in their labs. They claim the oil contained THC and is therefore is considered a controlled substance and illegal in Idaho. While the owner wasn't arrested, the police issued a warning to all residents of the city "anyone possessing or selling CBD oil can result in criminal charges." According to the local news station police said under Idaho law, the presence of THC, in any amount, is illegal to sell, possess, or consume. They say it is the police department's policy to actively investigate reports of illegal activity and pursue criminal charges when warranted, including businesses or individuals who may have purchased illegal products. 

Citizens of Idaho, I suggest that you start to educate yourselves. You may find that you don’t have access to the products that you currently use and enjoy. -Miste Karlfeldt Executive Director of Health Freedom Idaho



This editorial written by D. Hansen is intended to start an educated dialogue about issues regarding CBD and hemp products in Idaho that have recently surfaced. The author says, 

"Since I’ve gained interest in the hemp and CBD industry I have educated myself on literally every aspect that I have found available regarding this topic. Throughout my research I have discovered, unequivocally, the most significant stumbling block when it comes to hemp and CBD in Idaho and most other states is the lack of education on this subject!

It is imperative that one does not just accept what anyone tells them as fact, law or accurate information when discussing this topic. I urge each and every individual who intends to engage in this conversation to educate themselves before doing so. 

To help with this I have attached documents prepared by the nation’s leading authorities on this matter, as well as provided links to pertinent information available on the internet. This conversation is not intended to point fingers, lay blame or single out any individuals. The sole and monumentally important purpose of this dialogue is to immediately educate everyone so we can effectively and justly resolve the significant problem that Idaho now faces."

To every citizen in the state of Idaho.

This document is written in response to the Post Register article that was released on the morning of 11/01/2018, titled “POCATELLO Police warn that possessing or selling CBD oil can result in criminal charges” as well as recent developments with regards to CBD oil in Idaho. Although the article contains inaccurate information, it serves as the perfect catalyst for this discussion. 

Quite frankly I am saddened by the fact that our elected officials, news media and many others continue to weigh in with inaccurate information and opinion on an issue as monumentally important as CBD oil without first educating themselves thoroughly. This document’s intent is to bring to the forefront exactly how misunderstood this issue is and to provide supporting documents that accurately represent current laws and provide a vehicle for education on this issue.

2014 Farm Bill

First I am going to open with facts regarding the 2014 Farm Bill officially titled, The Agriculture Act of 2014 P.L. No. 113-79. 
The 2014 Farm bill is the law that governs many federally subsidized programs e.g. food stamps, crop insurance etc. The hemp act, officially titled section 7606 – Legitimacy of Industrial Hemp Research, is just one section of the many within the bill.

The Hemp Act section 7606

The Hemp Act section 7606 does in fact contain language rendering the Controlled Substances Act of 1970 (CSA) non applicable to Industrial Hemp. It also defines Industrial Hemp as any part of the cannabis plant, including the flowering tops so long as it does not exceed more than 0.3% tetrahydorcannabinol (THC), thus effectively removing industrial hemp from the purview of the CSA.

The next item I want to point out is the Post Register article comment stating: 

“..hemp plants are only legal in the United States if they comply with the 2014 Farm Bill, which legalized the growing and cultivation of industrial hemp for research purposes in states where growth and cultivation is legal under state law.” and “however, growth and cultivation is limited to an institution of higher education or state department of agriculture. This carve-out was intended for purposes of agricultural pilot programs or other academic research.” 

The Farm Bill says, States that choose to participate in the hemp act agricultural pilot program and comply with all of the provisions therein, have the ability to grow industrial hemp for the purposes of study, cultivation, and marketing. State departments of agriculture are also allowed to contract out or license out, their authority under the Farm Bill to private growers and firms.

Initially, there was resistance from federal agencies toward pilot program participants with respect to sales of their products into interstate commerce. This was resolved with the passage of the Consolidated Appropriations Act for Fiscal Year 2016 (the "Omnibus Law"), which states that federal money cannot be used to interfere in any way with the hemp act. This prohibition against interference specifically applies to intrastate and interstate transportation, processing, sales, and use of industrial hemp grown or cultivated pursuant to the Farm Bill.

The statement indicating Epidiolex is the only legal form of CBD at the federal level is, well I don’t even have words for this!

Idaho Statute title 37, Chapter 27

Finally, I would like to dissect Idaho’s definition of marijuana form Idaho statute title 37, chapter 27.

"Marijuana" means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.

It does not include the mature stalks of the plant unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is "marijuana" as defined and prohibited herein.

I have separated the definition into its 3 parts. 

  1. First is the definition of marijuana which is very clear, in short is states that all hemp is marijuana. 
  2. The second part is the exemption for non-psychoactive hemp, which is the same as the CSA and is what has allowed for imported hemp and products made from it to remain legal in the U.S. The third section of the definition is what adds a very confusing twist to Idaho’s law, in that it completely contradicts the exemption right above it by stating any THC constitutes marijuana.
  3. Let’s examine this further. If lawmakers truly want the law to read as it does, all they would have had to do is strike the exemption (the second part) from the law and it would have the exact same meaning without adding the last sentence.

This is very confusing and contradicting, it raises the questions. 

Did lawmakers actually understand the law when the last sentence was added or was the third sentence added to make the law ambiguous?

Regardless of the reasons why the law is written as it is, it does not change these facts. 

The 2014 Farm Bill is a law which removes industrial hemp from the purview of the CSA. Idaho claims that the hemp act of the 2014 Farm Bill does not apply, yet Idaho receives all federal subsidies from the Farm Bill just like all other States that it does apply to. 

Finally, if Idaho maintains its position that “under Idaho law, any substance that contains any amount of THC is illegal, even if the concentration is so small that it has no psychoactive effects on the user”, the tens of thousands of individuals that are purchasing, using and selling CBD is just a very small portion of the epidemic problem that exists within the state. Because, ALL PRODUCTS MADE FROM HEMP CONTAIN TRACE AMOUNTS OF THC, not only CBD products. Therefore all of the hemp food, hemp cosmetic, hemp clothing and the thousands of other hemp products that line store shelves throughout Idaho are illegal.

As ridiculous as this seems, this is where we are at today! Education is paramount so we can have meaningful discussions and resolve this issue immediately! Industrial hemp derived CBD oil is not going away. In fact, it is changing the entire landscape as we know it and it is far bigger and widespread than many people can imagine. If you have not heard of how CBD has miraculously changed someone’s life I assure you that you will soon.

Attached you will find documents that validate the statements in this letter as well as explain in detail the laws that are applicable to this issue. I urge you take the time necessary to thoroughly familiarize yourself with the documents I have attached and become knowledgeable. Please DO NOT take what someone else says about this as being accurate, that is why we are where we are now!

Finally, it is paramount that everyone absolutely understands the following information! Even though the 2014 Farm Bill did not physically change the wording in the controlled substances act with regards to non- psychoactive hemp, it unequivocally redefines hemp as any part of Cannabis Sativa L with a THC level of no more than 0.3% which absolutely does remove it from the purview of the CSA.

Point: The 2014 Farm Bill does supersede and effectively remove industrial hemp from the CSA making it federally legal and legal in all 50 states.

Omnibus Law

To add clarity and eliminate confusion as well as strengthen the fact that the 2014 Farm Bill does apply to all 50 States, Congress passed the Consolidated Appropriations Act for Fiscal Year 2016 (the “Omnibus Law”)? The Omnibus Law protects agricultural pilot programs established pursuant to the 2014 Farm Bill. The “Omnibus Law” makes clear that no agency can expend monies authorized by federal law to interfere with or otherwise frustrate duly registered agricultural pilot programs. The prohibition against interference extends to intrastate and interstate transportation, processing, sales, and use of industrial hemp grown or cultivated pursuant to the 2014 Farm Bill.

In light of all of this, it absolutely impossible to dispute the fact that industrial hemp is exempt from the CSA?
Congress could not or would not pass a law that states a schedule 1 controlled substance can be shipped, processed or sold everywhere in the United States and no federal agency can interfere with this illegal activity!


RESOURCES: 

Here is a link to the Post Register article.

https://www.postregister.com/news/crime_courts/pocatello-police-warn-that-selling-or-possessing-cbd-oil-can/article_2718743f-d6d0-5e96-bef1-ed6daf2b58bc.html

Another Article UPDATE: https://www.postregister.com/news/crime_courts/pocatello-police-warn-that-selling-or-possessing-cbd-oil-can/article_2718743f-d6d0-5e96-bef1-ed6daf2b58bc.html?fbclid=IwAR1wLGOsvvbv50NjF7MohnXnHSAMd6ncuJozxSHKoulaHQFtf3JUcrPc9A8

Legal Opinions on CBD oil: 

Opinion on Federal Legal Status of CBD oil

Evolving Law and Regulation of Industrial Hemp

Legal Opinion of Interstate Trade of Industrial Hemp

An important article by one of the nation’s leading cannabis law firms.

https://www.hoban.law/media-center/press-releases/2018-06/media-alert-cbd-not-controlled-substance-source-rule-applies

HIA vs. DEA brief article.

https://www.thehia.org/Hemp-Legal-HIA-vs-DEA

Important resources on this discussion.

https://hempsupporter.com/resources/


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