Are THC Drinks Legal in Idaho? (2026)

Are THC drinks legal? Every state

Tier

schedule i

Effective

2021-04-16

What the record says

Idaho Code 37-2705(d)(29)(i), as amended by HB 126 (2021), effective April 16, 2021, provides that any plant material, resin or derivative, regardless of form, that does not meet the definition of hemp at 37-2701(u) or is possessed without a farm bill or state plan license, and that contains any tetrahydrocannabinols, is presumed to be marijuana. A beverage containing hemp-derived Delta-9 THC is an ingestion product within the scope of HB 879 at 22-1705(4), and the presumption applies to it. Retail sale of hemp-derived Delta-9 THC beverages in Idaho is prohibited, and the presumption clause is effectively prohibitive at retail.

Controlling language, verbatim

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.

Source of excerpt

Citations

Federal

Federally restricted. Hemp delta-9 THC beverage - federally unscheduled inside the hemp definition; total THC standard and 0.4 mg per container cap take effect Dec 11 2026 Federal detail

THC drinks across the country

Neighboring states

• THC drinks in Montana Restricted
• THC drinks in Nevada Restricted
• THC drinks in Oregon Restricted
• THC drinks in Utah Restricted
• THC drinks in Washington Illegal
• THC drinks in Wyoming Gray area

Related

• Delta-9 THC in Idaho: every form
• THC ban in Idaho
• Every compound in Idaho
• THC drink brands on file (5)

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