Delta 8 THC in Idaho: Is It Legal & Where to Buy in 2022?

Area 52
September 22, 2021 | Legal

Despite the current push for the legalization of weed, Idaho has placed various restrictions on marijuana and THC products.

Cannabinoids like delta 8 and delta 10 THC gained popularity as legal alternatives to weed are not yet considered legal in Idaho.

This article offers an in-depth look at the legal status of marijuana and THC products in Idaho, including medical and recreational cannabis.

Is Delta 8 THC Legal in Idaho?

No. Delta 8 THC is illegal in Idaho, for now. 

Marijuana is currently a Schedule I Controlled Substance under Idaho state law, and all cannabinoids similar to delta 9 — like delta 8 — are included on this list.

There’s some encouraging news, though.

Idaho state laws used to prohibit the growth and distribution of industrial hemp, even though the Farm Bill in 2018 legalized hemp and its derivatives on a federal level (legally, hemp contains less than 0.3% THC). Most other states have legalized hemp products entirely.

Idaho finally made motions to rewrite hemp policies through Bill 126 and SB 1253.

Now, the production, processing, transportation, and research of industrial hemp are legal in Idaho. Through this, CBD will (finally) become officially legal.

The plan is projected to take effect during the spring 2022 growing season of industrial hemp.

Medical cannabis and decriminalization measures are slowly making their way onto ballots, and soon enough, we may see a change in Idaho state cannabis policies for other hemp derivatives like delta 8 and delta 10 THC.

Where To Buy Delta 8 THC?

Hemp Products with Hemp Leaf in the Trolley

D8 products are in high demand, and buying from an online vendor is the best way to ensure you get a great quality product.

The best and safest delta 8 THC products are made through biochemist formulated distillation processes and manufactured in safe, secure environments. Finished products should be lab-tested for ingredients and compound levels. These lab tests should be provided for users to review and are a critical part of buying safely.

Most users prefer to order delta 8 THC products online. It’s easier, cheaper, and more discreet than ordering from local shops. It also gives you the chance to read some reviews and check the third-party lab tests before you place your order.

Benefits of buying delta 8 THC online vs. in-store: 

  • Access to third-party lab test results
  • Low, competitive prices
  • No middle man
  • The freshest D8 products
  • Check out customer reviews before buying
  • Ships right to your door

Is Delta 10 THC Legal In Idaho?

Delta 10 THC is an isomer of THC, just like delta 8 THC and delta 9 THC. This means it’s illegal according to Idaho state law.

Idaho is one of the strictest states regarding marijuana reform and policy; all marijuana products and derivatives are banned, even those that don’t produce psychoactive effects.

Marijuana Laws In Idaho

Idaho has strict marijuana policies and has passed some aggressive penalties and fines to match. Individuals caught with marijuana products could face jail time and monetary penalties.

Chart of Penalties and Fines In Idaho for Marijuana Possession

Quantity  Classification Possible Fine Possible Incarceration
>3 Ounces Misdemeanor Up to $1000 Up to 1 year of incarceration
3 Ounces to 1 Pound Felony Up to $10,000 Up to 5 years of incarceration

If you’re a resident of Idaho, think twice before disobeying marijuana laws since you could face harsh consequences.

Idaho prosecutors could treat delta 8 THC possession with the same harsh penalties.

Do I Need a Medical Card In Idaho To Buy Delta 8 THC?

Doctor in Blue Gloves Holding Hemp Leaves and CBD Oil

No, nobody can buy delta 8 THC with or without a medical card.

In fact, the state of Idaho is not issuing medical cannabis cards at all — even for “conventional” marijuana products.

Delta 8 THC products like vape carts and tinctures are hemp-derived. Like CBD, products made from hemp contain less than the legal threshold of 0.3% D9 THC and thus are considered permissible according to federal but not Idaho state law.

What’s the Difference Between Delta 8 THC & Delta 9 THC?

Delta 8 THC is a naturally occurring weed alternative that can be made from the hemp plant.

It tends to produce a less paranoid and anxious experience compared to weed. The high is best described as “mellow and clear-headed.”

On the molecular level, delta 8 THC and delta 9 THC are molecules with the same structure.

The only difference between them is the location of the double-bond within their structures. In delta 8, the double bond is in the eighth position; in D9, the double bond is in the ninth position.

This is a subtle difference from a structural perspective, but it makes a noticeable difference in terms of effects and potency.

Here are some quick comparisons of delta 8 THC vs. delta 9 THC:

  1. Delta 8 THC is about half as psychoactive as delta 9 THC, which has a moderate to high psychotropic effect.
  2. Delta 8 THC has a more relaxing profile at all doses. Delta 9 THC is a sedative in small doses; it becomes a stimulant at higher doses.
  3. Delta 8 THC is a potent appetite stimulant, while delta 9 THC only offers moderate appetite stimulation.
  4. Delta 9 is illegal (federally and in many states), whereas delta 8 is legal (federally and in most states).

Many marijuana users prefer to use delta 8 THC since it has a gentler experience profile and still offers cannabis-related health benefits. Not to mention the fact that local governments tend to be more friendly towards delta 8 THC (with the exception of Idaho).

Learn More: What Are the Differences Between Delta 8 THC & Delta 9 THC?

Is Delta 8 THC Synthetic?

No, delta 8 THC is not synthetic. It’s a cannabinoid naturally produced by cannabis.

Synthetic compounds are entirely man-made. Since D8 exists in hemp and cannabis plants without human intervention, most experts consider delta 8 THC more natural than synthetic.

Synthetic THC refers to compounds that don’t exist in nature, require human intervention to exist, and don’t share a similar structural profile to natural THC. Most synthetic THC molecules look nothing like THC but can bind to the same receptors and therefore have a similar effect profile.

Delta 8 THC is an isomer of THC, just like delta 9 THC and delta 10 THC. The quantity of naturally occurring delta 8 THC in the raw plant is limited, though.

Through biochemical processes, scientists have developed a system to increase D8 production by creating the optimal environment for isomerization to occur.

How To Use Delta 8 THC?

Doctor Holding CBD Oil

There are several ways to use delta 8 THC, and there’s tons of different products on the market — each one with pros and cons.

Most users choose to sample out a few types and test different companies so they can narrow down their preferred products.

Here’s a summary of the most popular delta 8 THC products and some pros and cons of each:

1. Delta 8 THC Tinctures & Oils

Delta 8 combines with a carrier oil to produce delta 8 THC tinctures.

To use these products, users typically place a dropper full of the D8 liquid under the tongue (sublingually) for quicker absorption. There are other methods to use delta 8 tinctures. It can be taken orally or used topically as well.

Most droppers contain between 10-25 mg of D8, and users usually take 1-2 droppers per dose, though this will depend on the experience the user wants.

Typically, tinctures and oils have an onset time between 30 minutes to one hour, with the effects lasting between three to six hours. The onset time and duration depend on your unique body makeup and metabolism.


  • Easy to consume with long-lasting effects
  • Portable and discreet
  • Easy to dose


  • Slower onset; it takes time to feel the effects

2. Delta 8 THC Vapes

Delta 8 THC vape carts provide the fastest onset of effects. They’re inhaled the same way as a cigarette, but without the nasty chemical byproducts that occur during the combustion reaction. Delta 8 THC vapes heat the distillate to a temperature just hot enough to vaporize into the air. There’s no smoke or combustion taking place in any context.

These products consist of a high-proof delta 8 THC distillate in a small glass tube called a cartridge. These devices are designed to be screwed onto a vape pen battery. A tiny heating element heats the distillate, vaporizing it instantly, where it can then be inhaled.

D8 vapes come in tons of flavor combinations and are very easy to use.

A vape cart can contain between 500-1000 mg of D8. Since the product is inhaled directly into the lungs, the onset time is immediate, but the duration of effects tends to be shorter than other D8 products. You may need to dose more frequently when using a vape cart.


  • Rapid onset time; effects are almost immediate
  • Available in lots of flavors
  • Often available in a variety of strains


  • Poor-quality materials can produce harmful toxins
  • Effects don’t last long

3. Delta 8 THC Gummies

Delta 8 THC gummies are a great option for anyone wanting a discreet way to consume delta 8 THC products.

Gummies are a sweet, edible chewy product and come in lots of flavor varieties. Some D8 gummies are plant-based and made with fruit pectin instead of gelatin.

There are also sugar-free, gluten-free, and artificial flavor-free gummies, making them perfect for those with dietary restrictions or allergies.

Most gummies contain between 10-25mgs of D8 distillate each, which makes it easy to dose with consistency. The effects of the D8 gummies typically take between 45 minutes and one hour to kick in.

If you buy D8 gummies from a reputable online vendor, you’ll be able to easily measure out doses because the D8 distillate is evenly distributed throughout each gummy.


  • Discreet
  • Great flavor options
  • Easy to use
  • Long shelf-life


  • It may contain artificial sweeteners & dyes
  • Low-quality gummies are ineffective
  • Long onset time

What’s the Future of Delta 8 THC In Idaho?

Idaho is one of the strictest states when it comes to marijuana policy reform. While medical cannabis and recreational cannabis are still considered illegal in Idaho, hemp products — including CBD — are acceptable to use, and hopefully, it’ll only be a matter of time before more THC products are legalized.

D8 is a hemp-derived product and is considered legal on the federal level. While D8 THC is not yet permissible according to the state-wide policy in Idaho, upcoming elections could change that.

Marijuana fans interested in using delta 8 THC can enjoy it in various forms, like tinctures, vapes, and gummies. They like delta 8 for its more mellow effects and lower chances of causing side effects like nausea or anxiety.

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