Official Government Website

Cannabidiol (CBD)

Drug Information

Cannabidiol (CBD) is a non-psychoactive phytocannabinoid found in Cannabis species, with pain-relieving and anti-inflammatory properties.1 Unlike the main psychoactive cannabinoid in marijuana, tetrahydrocannabinol (THC), CBD does not produce euphoria or intoxication. CBD oil is primarily sold in the form of tinctures, concentrates, capsules, edibles, topical ointments, and vape-oil. CBD oil is legal in Idaho, provided it is processed from industrial hemp and not from marijuana. It must also have no THC at all. Consequently, hemp-derived CBD products with a THC level of 0.3% are classified as marijuana.

To date, the FDA has approved only one cannabis-derived drug: Epidiolex. Epidiolex is an oral solution containing highly purified, plant-derived cannabidiol. Epidiolex has been approved for the treatment of seizures associated with Lennox-Gastaut syndrome and Dravet syndrome, two severe forms of epilepsy. Epidiolex is only available with a prescription from a licensed healthcare provider.2

Potential Harms and Unknowns

Many concerns have been raised about CBD use, particularly with regard to over-the-counter CBD products, as there are limited data on their safety and effectiveness. These concerns include adverse events and side effects, questions about their reliability, and unproven health and wellness claims.

CBD is not considered a dietary supplement and is therefore not regulated by the FDA. Non-FDA-approved, commercial CBD products marketed to the public and available over the counter differ significantly in composition from those used in clinical studies,3 and there is limited evidence to support their safety.4 In a recent study published in March 2024, 202 CBD products were tested for contaminants. The results revealed that heavy metals were present in 44 products, with lead being the most prevalent. Additionally, residual solvents like hexane, m/p-xylene, methanol, and o-xylene were detected in 181 products, while pesticides were found in 30 of the tested items.5 This is consistent with findings from a 2022 Johns Hopkins study, which tested over 100 topical CBD products available online and in retail stores and found that only 24% were accurately labeled.6 Additionally, a 2017 study from the Pennsylvania Perelman School of Medicine found that nearly 70% of CBD extracts sold online were mislabeled, with 42% being under-labeled (>110%) and 26% being over-labeled (<90%).7

In addition, manufacturers of CBD oil claim that their products contain innumerable health benefits such as preventing diabetes, eliminating pain, treating fibromyalgia, post-traumatic stress disorder, and insomnia among others. However, these claims are unsubstantiated as artisanal CBD products have not undergone the rigorous FDA-approval process that ensures that prescription drugs are reliable, pure, and that the benefits of the medication outweigh the risks for the intended population. Because of these unsupported claims, the FDA has sent several warning letters to firms that market unapproved new drugs.

Epidiolex Background

In 2015, CBD was brought to the center of Idaho’s legislative session with the introduction of bill S1146a, which promised legal relief for parents of children with uncontrolled epilepsy, allowing them to obtain CBD oil containing up to 0.3% THC from across state lines. In addition to ODP, the Idaho State Police, Department of Health and Welfare (IDHW), Idaho Prosecuting Attorney Association,  Fraternal Order of Police,  Idaho Police Chiefs Association,  Idaho Sheriffs’ Association, and the Idaho Criminal Justice Commission opposed bill S1146a. Concerns about the bill included:

  • Lab testing
  • Law enforcement
  • Product purity
  • Product dosing and interactions

Despite these concerns, the Idaho legislature passed S1146a. Governor C.L. “Butch” Otter vetoed the measure and, instead, offered a solution by issuing an Executive Order for an Expanded Access Program (EAP). The EAP would provide children with intractable epilepsy access to pharmaceutical grade CBD, Epidiolex, as part of an FDA-approved study. Epidiolex was approved by the FDA in June 2018 and moved to schedule-V by the DEA in September 2018. On April 6, 2020, the DEA removed Epidiolex from Schedule V and descheduled it entirely, meaning Epidiolex is no longer subject to the Controlled Substance Act and its tracking and monitoring requirements. Following this, in 2021, Idaho passed Senate Bill S1017, which removed Epidiolex from the list of Schedule V substances, aligning state regulations with federal law.

The 2018 Farm Bill and Current CBD Legality

The 2018 farm bill directed USDA to establish a national regulatory framework for hemp production in the United States. The final rule (7 CFR 990) only legalized the production of raw industrial hemp for licensed producers with up to 0.3% THC. Governor Brad Little issued an Executive Order on November 19, 2019 to resolve conflicts between state and federal law related to the interstate transportation of hemp—as defined in the 2018 Farm Bill—across Idaho. The executive order does not authorize or legalize the production of hemp, its byproducts, oils, or any other derivative prohibited by Idaho law. This Executive Order only permits the interstate transportation of hemp consistent with the 2018 Farm Bill.

Licensed handlers may receive raw industrial hemp with up to 0.3% THC, however, throughout processing, licensed handlers in Idaho must dilute the final product to have zero percent THC. State law recognizes any THC (unless operating under a license issued by Idaho State Department of Agriculture, in compliance with Title 22, Chapter 17, IDAPA 02.01.07, and 7 CFR 990) as illegal. Any products found in retail or the marketplace in Idaho must contain zero percent THC as applicable to Idaho laws and subject to law enforcement.

Associated Idaho Code: Title 37, Chapter 27 – Uniform Controlled Substances, Article 1 (2024) 

(u)  “Marijuana” or “marihuana” 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:

  1. Industrial hemp or hemp possessed, grown, transported, farmed, produced, processed, or possessed by any other entity engaged in hauling, transporting, delivering, or otherwise moving hemp in interstate or intrastate commerce pursuant to a license granted under the provisions of the 2014 farm bill, the 2018 farm bill, 7 CFR 990.1 et seq., or the approved state plan for the state of Idaho. “Industrial hemp” or “hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a measured total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight or volume basis that shall determine the total delta-9 tetrahydrocannabinol (THC) concentration, including both delta-9 tetrahydrocannabinol and delta-9 tetrahydrocannabinolic acid (THCA) evaluated by decarboxylation during analysis, or by measuring each compound and calculating the total percentage of delta-9 tetrahydrocannabinol if the THCA was decarboxylated, which must not exceed three-tenths of one percent (0.3%).
  2. The mature stalks of the plant genus Cannabis 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, that does not meet the definition of “industrial hemp” or “hemp” as provided in this section, or that is possessed without a license granted under the provisions of the 2014 farm bill, the 2018 farm bill, 7 CFR 990.1 et seq., or the approved state plan for the state of Idaho, contains any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is “marijuana” as defined and prohibited herein. “Marijuana” does not include drug product in finished dosage formulation that has been approved by the United States food and drug administration that contains: (i) cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol), derived from cannabis and no more than one-tenth of one percent (0.1%) (w/w) residual tetrahydrocannabinols; or (ii) nabiximols.

 

  1. Cásedas G, Yarza-Sancho M, López V. Cannabidiol (CBD): A Systematic Review of Clinical and Preclinical Evidence in the Treatment of Pain. Pharmaceuticals (Basel). 2024 Oct 28;17(11):1438. doi: 10.3390/ph17111438. PMID: 39598350; PMCID: PMC11597428.
  2. Marijuana and Cannabinoids: What You Need to Know. 2019. National Center for Complementary and Integrative Health, U.S. Department of Health & Human Services.
  3. Chesney, E., McGuire, P., Freeman, T. P., Strang, J., & Englund, A. (2020). Lack of evidence for the effectiveness or safety of over-the-counter cannabidiol products. Therapeutic Advances in Psychopharmacology.
  4. Food and Drug Administration (FDA). (2020). What you need to know (and what we’re working to find out) about products containing cannabis or cannabis-derived compounds, including CBD.
  5. Gidal BE, Vandrey R, Wallin C, Callan S, Sutton A, Saurer TB, Triemstra JL. Product labeling accuracy and contamination analysis of commercially available cannabidiol product samples. Front Pharmacol. 2024 Mar 18;15:1335441. doi: 10.3389/fphar.2024.1335441. PMID: 38562466; PMCID: PMC10982813.
  6. Spindle TR, Sholler DJ, Cone EJ, et al. Cannabinoid Content and Label Accuracy of Hemp-Derived Topical Products Available Online and at National Retail Stores. JAMA Netw Open.
  7. Bonn-Miller MO, Loflin MJE, Thomas BF, Marcu JP, Hyke T, Vandrey R. Labeling Accuracy of Cannabidiol Extracts Sold Online. 

Updated: February 2025

ver: 3.5.2 | last updated: