Idaho Cannabis Business Licenses
WHAT IS IDAHO'S CURRENT CANNABIS MARKET STATUS?
The Idaho House Bill 466 has been introduced by the Idaho Board of Pharmacy to administer regulatory provisions of the State’s Controlled Substances Act to exclude nabiximols from the act, and to amend the definitions of “Marijuana” and “tetrahydrocannabinols”. Nabiximols are oromucosal nose sprays derived from cannabis and are currently studied in the treatment of Multiple Sclerosis (MS), and other neurological disorders. Nabimoxols are currently undergoing the FDA approval process, and upon the passage of this legislation, nabiximols will become available to purchase only after approval by the FDA and scheduled by the DEA. If all passes, nabiximols would be available for a medical user and dispensed at a registered drug outlet upon the receipt of a valid prescription from a licensed prescriber.
In addition, the Idaho State Supreme Court has overturned a restrictive ballot initiative law that was signed by Gov. Bradd Little in April of 2021. This legislation made it more difficult to get initiatives or referendums on the ballot. Petitioners of any restrictive cannabis licenses would have to collect signatures from at least 6% of registered voters in every one of the state’s 35 legislative districts. This challenging and costly feat for any campaign drive was essentially an attempt to stop a medical marijuana initiative in the conservative state.
WHAT ARE IDAHO'S CANNABIS LAWS?
There are currently no laws creating and regulating a legal cannabis market in Idaho.
WHAT IS IDAHO'S CANNABIS LICENSING TIMELINE & CANNABIS APPLICATION PROCESS?
Now that the law has been overturned, local advocates working with organizations such as Kind Idaho are collecting signatures for a medical cannabis initiative on the ballots for 2022. In addition to Kind Idaho, The Legalize Idaho Way inc. is separately initiating a decriminalization that would take a unique approach to legalization. The 2022 Personal Adult Marijuana Decriminalization Act (PAMDA) organized by The Legalize Idaho Way Inc. essentially would allow medical cannabis patients in Idaho to have access to cannabis from bordering Idahos that have already legalized cannabis.Medical patients (or their caregivers) would be able to purchase three ounces or less of cannabis at out-of-Idaho legal cannabis shops, and transport that cannabis, with receipt back to their home in Idaho. Cannabis products would then be consumed in the medical patients private property with permission of the property owner. Outside of these parameters, medical cannabis possession, cultivation, use and sales will remain illegal.
WHAT IS THE HISTORY OF CANNABIS IN IDAHO?
Cannabis in Idaho has been illegal since prohibition in 1927. Since then, there have been many attempts to field ballot initiatives to vote on medical cannabis, but ultimately they failed in 2012, 2014, 2016, and 2018. In 2015, Senate Bill 1146a, which would have legalized CBD oil for persons with severe epilepsy, passed the Idaho Legislature following "lengthy and emotional" hearings, but was vetoed by Governor Butch Otter in April 2015.
DOES IDAHO HAVE A HEMP PROGRAM?
On April 16, 2021, Idaho Gov. Brad Little signed House Bill 126 into law, legalizing industrial hemp production, processing, research, and transportation with up to 0.3% tetrahydrocannabinol (THC). After almost two years after the passage of the Agriculture Improvement Act of 2019, Idaho is one of the last states to legalize industrial hemp. Since the passage of this bill, the Idaho State Department of Agriculture has launched its online application system for potential hemp growers early in 2021, and many applications have been submitted so far. Those who are approved can begin producing and handling hemp products in 2022.
PREPARING FOR THE IDAHO CANNABIS MARKET
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