Cannabis reform could arrive in nine states this year. Yet some remain far more likely than others to make it a reality.

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The Idaho Farm Bureau Federation recently released information regarding an increase in hemp cultivation for last year. During 2023, farmers planted 1,273 acres of hemp, which is a massive increase from the 459 acres cultivated in 2022.

Idaho was the 50th state in the U.S. to legalize the production and cultivation of hemp after Gov. Brad Little signed House Bill 126. According to a news report from the Idaho Farm Bureau Federation, 2,440 acres of hemp has been approved via cultivation licenses as of May 31. A majority of Idaho hemp is cultivated in south central Idaho.

In 2022, some hemp farmers targeted cultivation for CBD, and very few did so in 2023. 

In 2022, approximately 44 acres of hemp were destroyed because the crops exceeded the minimum levels of THC, even though they were CBD varieties. In 2023, there was no recorded hemp crop destruction.

The Idaho State Department of Agriculture (ISDA) ag. program manager Greg Blahato explained that plants grown for hemp fiber seem to respond well to the climate. “The fiber varieties have taken off, and that’s what seems to grow very well here,” Blahato said.

ISDA hemp bureau chief Casey Monn suggested that growing hemp wasn’t a problem, but harvesting was challenging for some cultivators. “From the regulatory side, we didn’t see any issues with the crop last year,” Monn said. “Some folks were able to grow and harvest it very, very well and there were some folks that seemed to struggle with growing and harvesting it.” Some of the challenges included improper drying techniques, which led to the plant being “too green or wet,” according to the Idaho Farm Bureau Federation.

Current state law states that people can only grow cannabis if they receive a license from the ISDA. Monn referred to Idaho’s hemp law as one of the most strict in the country, where hemp is not regulated by the grower, but by the “lot.” A hemp production lot refers to a grouping of hemp plants. If a grower harvests their hemp lot all at once, only one inspection is necessary. However, if the grower harvests in more than one batch separately from one another, multiple inspections are necessary.

Department of Agriculture deputy director Chanel Tewalt explained the process to the Idaho Capital Sun in January 2022. “We’ll pull samples from every single lot that is grown, and our sample size is determined on how big the lot is, the acreage,” said Tewalt. “The hemp can’t go anywhere. It cannot leave their farm until they receive an acceptable lab result.”

In comparison to the recent hemp plant data, Idaho’s agriculture still leads the way in wheat (an estimated one million acres per year), hay (more than one million acres), barley (500,000 acres), corn (350,000 acres), and potatoes (300,000 acres) per year.

Idaho hemp cultivator Brad Darrington tried his hand at growing hemp in 2023, but won’t continue to do so. “Why would I continue growing it if” it’s not going to pencil out for me,” Darrington told Idaho Farm Bureau Federation.

Other farmers such Brigham Cook, who grew 100 acres of hemp in 2023, plans to continue growing hemp with another 100 acres this year as well. “I think there’s a future for hemp and hopefully there is a future for hemp in Idaho,” said Cook. “There are a lot of potential uses for hemp that I believe will be a win for farmers who grow it.”

However, Cook noted that he and other growers are still fine-tuning their growing methods when learning how to grow hemp effectively. “The harvest has been a huge issue,” said Cook. “It’s a new enough crop here that we just haven’t figured out all the quirks.”

Cook added that hemp has been useful for weed control as well. “It’s a crop that fits … in this part of Idaho and should be a good crop rotation for us,” he said.

Another farmer, Triston Sponseller, is said to have grown the largest amount of hemp in 2023 and is also the owner of a hemp processing facility. “Harvesting has been a challenge,” said Sponseller. “It’s definitely been a tough crop compared to what we’re used to. It’s been a learning experience and there has been some trial and error.”

Sponseller began growing hemp in 2022 because the idea of cultivating a new crop sounded interesting. “I was just really curious as to what else we might be able to work into our standard rotation, the geography and the climate, and the soil types,” he explained. “We found what works on our farms, and we were just excited to see if hemp would work too, and surprise, it works really well!”

Currently, Sponseller rotates his crops between wheat, barley, and potatoes. According to an interview with Sponseller conducted by Ag Proud Idaho, he primarily focuses on separating hemp stalk and fiber from the hurd and then cleaning them. Then they’re baled and shipped to various parts of the country for use in various industries such as bedding and automotive, as well as being used as a replacement for plastic.

Idaho Farm Bureau Federation director of governmental affairs, Brad Jensen, also commented that the state of hemp in Idaho has a promising future. Idaho’s agriculture industry is extremely knowledgeable and innovative,” said Jensen. “Our growers will figure out whether it’s an economically viable crop in our state.”

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Many would argue that the legalization of recreational cannabis across all 50 states is essentially inevitable at this rate. Some states without recreational cannabis laws in place are practically surrounded by others that have introduced reform. 

Pennsylvania, for example, just saw Gov. Josh Shapiro calling on state legislators to get a move on and legalize. “It’s time to catch up,” Shapiro said earlier this month, arguing that the longer the state goes without legalizing adult-use cannabis, the more Pennsylvania will miss out on revenue and economic opportunities.

Idaho is also mostly surrounded by states that have legalized cannabis in some form — Washington, Oregon, Nevada and Montana have all legalized cannabis for medical and recreational use, while Utah has legalized for medical use. Wyoming, like Idaho, has yet to legalize cannabis for medical or recreational use.

Though, unlike Pennsylvania, Idaho lawmakers are taking a different approach. Instead of working toward cannabis reform, a newly introduced bill would create a mandatory minimum $420 fine for possession of less than three ounces of cannabis, the Idaho Capital Sun reports.

Further Potential Penalties for Cannabis Possession in Idaho

Rep. Bruce Skaug introduced the legislation, HB 606, as his second attempt to pass a bill creating a minimum fine for cannabis possession of less than three ounces. He previously introduced HB 559 on Feb. 13, though this new bill is meant to replace the former and makes a technical correction. 

HB 606 adds language noting that any other penalties specified in state law can also be applied alongside the $420 fine.

Current Idaho law specifies that possession of less than three ounces of cannabis is a misdemeanor punishable by up to one year imprisonment and/or a fine of up to $1,000. Anyone possessing more than three ounces of cannabis can be sentenced to up to five years in prison and/or pay a fine of up to $10,000.

Skaug (R-Nampa) introduced HB 606 on Tuesday to members of the House State Affairs Committee, additionally dropping a number of weed-related puns as he told the committee he had “smoked out” the issue from the last bill and ran the updates by his assistant, “Mary Jane.” The fine amount of course is a nod to 420 — a nickname for weed and a reference to the widely celebrated cannabis holiday of April 20.

The Tuesday hearing was introductory, so the next step for HB 606 is to return to the House State Affairs Committee for a full public hearing.

Idaho’s Ongoing Push for Cannabis Reform

For those keeping up with Idaho’s track record on cannabis, it’s not surprising that the state has taken a less than progressive approach as surrounding states move ahead with reform measures.

Gov. Brad Little has been vocal about his anti-cannabis reform stance, including measures surrounding medicinal cannabis access and industrial hemp production. Shortly after he was elected in 2019, he said if Idahoans want legal cannabis, “they elected the wrong guy as governor.”

Little was re-elected in 2022, and Idaho does not have term limits for governor.

Though, it does appear that residents are open to the idea of medicinal cannabis reform. A 2022 SurveyUSA poll found that 68% of Idaho adults believe that medical cannabis should be legal in the state. And a citizen-led statute to legalize medical cannabis could potentially make it to the Idaho ballot later this year.

The Idaho Medical Marijauna Act 2024 is sponsored by nonprofit Kind Idaho and first received clearance in April 2023 to begin signature gathering. The campaign has until April 14, 2024 to collect approximately 63,000 valid signatures, or roughly 6% of registered voters from the most recent general election.

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A half dozen states could pass legalization laws this year. Get the details here!

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An advocacy group is determined to bring medical cannabis to Idaho, one of the last remaining states with no form of legal weed. 

The group is called Kind Idaho, and its supporters are currently in the process of rounding up signatures to get the proposal on next year’s ballot.

Joe Evans, the treasurer for the group, said the aim is to simply legalize “medical cannabis for cardholders in the state of Idaho.”

“This gives them the opportunity to go in, sit down with a doctor, determine whether or not the diagnosis warrants medical cannabis to support recovery and healing. And then they receive the card. And that allows them to go to a dispensary to receive it,” Evans told local news station KTVB.

Here’s more from the station on what the group is pursuing:

“Kind Idaho is working to gather signatures on their petitions, they have until April 14 next year to get about 63,000 signatures from registered voters to make the ballot. It’s a major task to take on, adding in the fact that Idaho is one of five states where there is no legal cannabis on any level.”

The group launched its efforts to get on the 2024 ballot last year, the latest in a decade of failed efforts to legalize medical cannabis treatment in Idaho. In 2012, activists failed to gather a sufficient number of signatures for their medical cannabis proposal to qualify for the ballot. Two years later, it happened again, with a signature drive falling short. Medical cannabis campaigns in 2015 and 2016 both fizzled out over ballot technicalities. 

Evans and company hope this time will be different –– and the public might be on their side. A poll last year found that 68% of Idaho adults believe that medical cannabis should be made legal. 

Evans and other supporters of the proposal are stressing that the initiative would not legalize recreational marijuana use.

“Nor are we really looking at a full decriminalization, or let’s, you know, give people medicine, medical cannabis for headaches,” Evans told KTVB.

Idaho is, however, surrounded by states that have legalized recreational pot for adults: Washington and Oregon to the west; Nevada to the south; and Montana to the east. Wyoming and Utah are the only two states bordering Idaho that have not ended prohibition on pot.

That confluence of geography and federalism has prompted many Idaho residents to cross the border to obtain some legal weed.

Cannabis businesses in Ontario, Oregon –– located about an hour from Idaho’s capital city of Boise –– have served hordes of cross-state customers. 

“The politicians have been able to have this scenario where they say that they don’t have legal cannabis,” Steve Meland, owner of Hotbox Farms in Ontario, told NPR earlier this year. “But in all actuality we all know there’s legal cannabis in Boise.”

“There [are] over a million people within a hundred mile radius of the store,” Meland added. “Of course they are serving a broader market.”

NPR reported that Meland’s business is “a big player in an economic boom that’s happened since Ontario allowed recreational pot shops in 2018.” 

“There are now twelve dispensaries in this small farming town once mostly known for inventing the tater tot. Ontario now sells more pot per capita than anywhere else in Oregon. The industry employs about 600 people. Many get health insurance and most – like their customers – appear to be commuting over here from Idaho,” the outlet said.

According to NPR, that boom “has quickly become the latest flashpoint in a larger political and cultural battle that’s been heating up since 2020, when a group of Oregonians from the rural eastern side of the state first began circulating petitions about a proposal to secede from the largely blue state and join conservative Idaho.”

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People living in a conservative state with one of the worst state policies on cannabis in the country are crossing the border to illegally obtain cannabis in Oregon. Residents of Boise, Idaho, where cannabis is illegal, simply have to drive less than an hour to Ontario, Oregon to buy pot and officials aren’t happy.

The situation is proving something in real-time: that prohibition still doesn’t work. NPR reports that the situation has reached a “flashpoint” and it adds to the pile of reasons why eastern Oregonians aren’t accepting the changes that they’re seeing in their state.

Steven Meland opened Hotbox Farms in Ontario shortly after the city approved adult-use cannabis sales. “The politicians have been able to have this scenario where they say that they don’t have legal cannabis,” Meland told NPR. “But in all actuality we all know there’s legal cannabis in Boise,” he said, hinting that it’s obvious where his customers come from.

Hotbox Farms hardly serves Ontario’s 11,600 residents when there are over 700,000 in the Boise area closeby. “There [are] over a million people within a hundred mile radius of the store,” Meland added. “Of course they are serving a broader market.”

Politico explored the cannabis border phenomenon in Ontario in 2021. Ontario was once the home of the invention of tater tots, but is now known as cannabis central. Residents of the Boise area simply have nowhere else to go to buy pot. Politico profiled Brandon St. Germain of Cannabis & Glass, who reported a similar situation in which most customers come from out of state.

Don’t expect anything to change in Idaho, any time soon. Idaho is one of only two states in the country that bans all forms of cannabis. NORML gives Idaho Governor Brad Little an “F grade” as he opposes even medical-only cannabis bills—in disagreement with 88% of Americans—and industrial hemp bills. Meanwhile things have become so divisive in eastern Oregon that people there want to secede from the state.

The Urban-Rural Divide in Idaho and Oregon

Cannabis laws in the area are shaped by local culture. There’s quite a culture shock between the dyed-in-the-wool conservative culture of most areas of Idaho versus the culture of central Boise, where nearly half of residents voted Democrat. 

Things are just as divisive comparing eastern Oregon versus the coast. Eastern Oregon, home of Ontario, is home to deeply embedded rural culture with a proven track record. A group of people on the rural eastern side Oregon attempted to petition to secede from the fiercely liberal state and join conservative Idaho.

Things haven’t slowed down for cannabis, however. According to NPR, Ontario now sells more cannabis per capita than any other city in Oregon, employing about 600 people for the tiny town.  

Eastern Idaho leaders are trying to move the border of Idaho to secede from the state of Oregon, and pot is one of the reasons for pushing to do so.

“We have a little bit of a drug problem right on the side of our border,” said Rep. Barbara Ehardt, (R-Idaho Falls) at a recent hearing over House Joint Memorial No 1., a bill that would authorize Idaho to begin discussion with Oregon lawmakers about moving the border.

“A lot of Idahoans are going there [Ontario] and getting drugs, Ehardt said, “and that will be pushed hundreds of miles away.”

People in Idaho who travel to another state to buy cannabis for medical purposes are essentially cannabis refugees.

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Back in October 2020, Fleetwood Mac hit “Dreams” rose to the number one spot on iTunes because of a viral TikTok video. An Idaho Falls, Idaho resident Nathan Apodaca (username 420Doggface208) was rolling down the street on his longboard drinking Ocean Spray Cran-Raspberry juice while singing along to the Fleetwood Mac hit song. Apodaca’s rise to fame led to responses from Stevie Nicks, Mick Fleetwood, Ocean Spray CEO Tom Hayes, Cheech and Chong, and many more. Needless to say, it was a vibe during the height of the pandemic, and since then he’s had a steady stream of TikTok videos. As recently as August 2022 Apodaca debuted his acting career as Uncle Charley in the Hulu series Reservation Dogs. He was featured in a Klypso music video called “Low Rider (No Lighter)” with Snoop Dogg and War earlier this year. Ironically, it begins with Doggface smoking with Cheech and Chong, and a police officer.

Recently though, Apodaca was arrested for cannabis. There appears to be some dispute between the reasons for the arrest between the perspective of Apodaca and law enforcement.

According to local Idaho police, he was pulled over in his truck due to an expired registration sticker. TMZ broke the story, stating that the trooper allegedly smelled cannabis when he approached the vehicle. While Apodaca searched for his registration in his glove box, the police officer noticed edibles in Apodaca’s glove box, which prompted him to ask Apodaca to exit the truck.

Apodaca told the officer that there were cannabis products in his truck, including three packages of THC gummies, and a dabbing tool. The officer arrested him for possession of cannabis, as well as possession of drug paraphernalia. He was booked but also released on the same day with a $600 bond.

TMZ contacted Apodaca about the incident, who shared that from his perspective, things went differently. “During the arrest, the officers failed to read me my Miranda rights. Initially, when officers found weed they said they were only going to write a ticket. They then found a gun and told me I was under arrest because I had a felony on my record and I wasn’t allowed to possess a firearm. However, I do not have a felony on my record, which I told the officers,” Apodaca told TMZ. “Despite me telling them this, I was taken into custody. I was held in jail for several hours without bond before they told me they make [sic] a huge mistake. Then was told I was only being held on the weed charge and could bond out.”

In Idaho, three ounces or less is considered to be a misdemeanor, which can net offenders up to one year in jail, and up to a $1,000 fine. A felony charge would include possession of more than three ounces but less than one pound; it could lead to up to five years in prison and up to a $10,000 fine. Ideally, cannabis laws will be more forgiving in the future if medical cannabis is legalized. Advocates in Idaho are currently targeting 2024 as the year to push for medical cannabis on the ballot. Previously, Idaho has seen nearly a decade of attempts to legalize cannabis for medical use, but never quite garnered the necessary support. An organization called Kind Idaho is collecting signatures now to ensure that they have enough to qualify in 2024. “We want the opportunity for Idaho residents to succeed on their own terms. And for many of those people on their own terms, the best solution is medical marijuana,” said Kind Idaho Treasurer Joe Evans.

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A non-profit organization called Kind Idaho, which was originally founded in 2021, recently announced that it would be pushing for an initiative to legalize medical cannabis in 2024.

Kind Idaho has between now and April 2024 to collect enough signatures (at least 74,000) to qualify its Idaho Medical Marijuana Act for the ballot. According to Kind Idaho Treasurer Joe Evans, advocates are ready to make medical cannabis legalization a reality. “One of the things that we’re looking at is making sure that those are available and legal, without necessarily presenting the opportunity for abuse,” Evans told KTVB7. “So it’s a combination of education on what the potential uses are, and responsible use.”

Idaho is one of 12 states that have not yet legalized medical cannabis. Evans cites the success and safety of medical cannabis as a treatment option in comparison to opioids. “When it comes to patient advocacy seeing medical marijuana, which is a successful, nonlethal pain management program that is nearly impossible to overdose on, is one of those options that many are looking for simply because they don’t want to have to carry around the significant number of prescriptions, pain management, oxycodone, you know, opiates,” Evans said.

More importantly, Evans points out that legal access is paramount. “We want the opportunity for Idaho residents to succeed on their own terms. And for many of those people on their own terms, the best solution is medical marijuana,” Evans stated.

Starting Dec. 1, Kind Idaho will start attending events to promote education about medical cannabis, bolster a social media presence, and begin the signature collecting process. 

A recent poll from the Idaho Statesman shows that 68% of residents show support for medical cannabis legalization. However, advocates in Idaho have been attempting to make medical cannabis legalization a reality for the past 10 years without success.

The state saw its first official ballot initiative for medical cannabis in 2012, but it failed to get enough signatures to make it onto the ballot. In 2013, the Idaho legislature passed a resolution against cannabis in any form. That same year, advocates began collecting signatures for the 2014 ballot, but they were unable to collect enough signatures. New Approach Idaho collected signatures in 2015 which would have established a medical cannabis program and decriminalize small amounts, but the following year it withdrew the petition due to wording issues. Later in 2016, another ballot initiative surfaced. Even this year, a legalization effort began but was cut short due to lack of signatures.

Idaho Gov. Brad Little did sign House Bill 1265 in April 2021, which made Idaho the 50th state to legalize industrial hemp. In September 2022, the Idaho Department of Agriculture announced that hemp and CBD products are not recognized by the U.S. Food and Drug Administration, and therefore not allowed to be sold legally as feed for animals. “As such, these products are not approved feed ingredients and cannot lawfully be added to or incorporated into commercial feed. This includes feeds, treats and remedies intended for pets, livestock, or any other animal,” the Idaho Department of Agriculture said. This restriction took effect on Nov. 1.

Organizations such as the National Animal Group have spoken up about the restriction, urging legislators to lift the ban. “This decision will likely harm animals whose owners will no longer be able to access the products their pets rely on for a variety of health and wellness reasons,” stated a Change.org petition. “It will also have a serious economic impact on Idaho businesses that manufacture and sell these products.”

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Idaho’s ban on CBD and hemp-derived products only harms animals even more, because people give it to them regardless of regulations, according to a national group devoted to the wellbeing of animals and pets. 

It’s a complicated issue that oscillates between the urgent need for CBD oil for dogs and cats that have seizures and other issues, and the need to prove CBD is beneficial in those areas before making medical claims and eventually getting the blessing from the FDA.

Idaho is home to some of the least tolerant cannabis laws seen anywhere in the U.S. Only Idaho and a handful of other states have been resistant to allow even CBD sales. Last July, the Idaho State Department of Agriculture (ISDA) announced a ban on CBD products and other hemp-derived products intended for pets and farm animals, set to go into effect November 1. 

“Idaho Code 25-2712 (1) states that it is unlawful to “manufacture or distribut[e] any commercial feed that is adulterated or misbranded.” Therefore, pursuant to state law and consistent with the FDA and AAFCO [Association of American Feed Control Officials (AAFCO)], the ISDA has not approved hemp or hemp-derived products for animal use,” Department officials wrote.

But members of the National Animal Supplement Council (NASC) believe that Idaho’s ban puts animals in even more danger because CBD products need certificates of analysis and need to be vetted under a regulatory program. 

So the NASC called people to action on the Council’s website and launched a petition on Change.org. Nearly 3,000 people have signed the petition at the time of writing.

“The Idaho State Department of Agriculture intends to stop the sale of dosage form pet products (animal health supplements) that contain hemp and CBD, beginning on November 1, 2022,” the petition reads.

“This decision will likely harm animals whose owners will no longer be able to access the products their pets rely on for a variety of health and wellness reasons. It will also have a serious economic impact on Idaho businesses that manufacture and sell these products.

Removing CBD pet products from the marketplace paves the way for a black-market industry of unscrupulous suppliers selling questionable products that could end up harming animals. It may also lead to pet owners turning to human products that aren’t formulated for pets or marijuana products that contain high levels of THC.”

The NASC has a very specific twofold mission: “to promote the health and wellbeing of companion animals and horses that are given animal health supplements by their owners, and to protect and enhance the animal health supplement industry.”

Viral videos show CBD oil stopping seizures in dogs in real time.

Professional British Boxer Anthony Fowler, for instance, posted a video of a dog having a seizure and how fast CBD oil stopped the dog from shaking. Another viral video shows CBD oil stopping a seizure in another dog in less than one minute.

But despite these anecdotal reports coming out of the woodwork, other national organizations say there is not enough known to say CBD products are safe for pets.

Not everyone’s onboard, however, which includes the FDA. The Association of American Feed Control Officials (AAFCO) and several other organizations wrote a joint open letter earlier this year warning about health concerns regarding hemp and CBD in animal feeds and pet food.

Click here to sign the petition.

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Retailers in Idaho have a little more than a month to sell CBD-derived pet food.

The state department of agriculture issued a memorandum back in July to note that “hemp or hemp-derived products, including CBD, are not recognized by the U.S. Food and Drug Administration (FDA) or the Association of American Feed Control Officials (AAFCO) as legal feed ingredients.”

It turns out the CBD craze also includes doggy treats.

The announcement in July underscored how state regulators throughout the country have had to play catch up to an ever-evolving CBD market that was made possible following Congress’ passage of the 2018 Farm Bill, which legalized the production of hemp.

Soon after, states lined up to pass their own new hemp laws. That included Idaho, which passed its own law legalizing hemp just last year. The law made Idaho the final state in the country to legalize industrial hemp.

The bill signed into law last year by Idaho Gov. Brad Little legalized “the production and transportation of hemp with up to 0.3% of THC, the cannabis compound that gives marijuana its high,” the Associated Press reported at the time.

But as the state department of agriculture noted in its July memorandum, “the new law did not legalize hemp in every setting or product type.”

“Similarly, Idaho law does not recognize hemp as a feed or remedy ingredient. Safe levels of hemp and hemp-derived products in animal feed have not yet been established under federal or state law. As such, these products are not approved feed ingredients and cannot lawfully be added to or incorporated into commercial feed. This includes feeds, treats and remedies intended for pets, livestock, or any other animal,” the department said.

“As hemp manufacturing begins to take place in Idaho, ISDA is working with new hemp licensees and animal feed companies to understand what is legal in the state. Interest in hemp animal feeds and remedies has grown significantly, and these products are known to be available online and in retail stores. We recognize that some states have adopted laws and rules that allow for hemp to be included in human and animal foods,” the agency added.

The department of agriculture said that it “enforces animal feed law across the state” and that it recognizes “that many retailers have been distributing products with hemp or hemp-derived ingredients under the assumption these products are allowed in Idaho.”

The department said that, beginning on November 1, it “will be inspecting for hemp and hemp-derived animal feeds and remedies.”

“These products are not legal in Idaho, and if found on or after November 1, 2022, will be subject to a stop sale and further action from the department,” the memorandum said.

The department said that throughout the country “the animal feed industry, feed regulators and animal health officials have come together to push for more research of hemp products in order to develop uniform regulation,” including a joint letter from the American Veterinary Medical Association and more than a dozen other animal health groups “aimed at addressing health concerns of hemp in animal feeds including safety of food-producing animals consuming unproven products in the human food chain.”

“Animal remedies are products intended to support animal health, structure or function and are often mixed into animal feeds or administered as dosage-type supplements. Animal remedies in Idaho are exempted from feed requirements except when these products are misbranded with nutritive claims or are considered adulterated. Animal remedies containing hemp are adulterated and are being unlawfully marketed and distributed in Idaho,” the department said in the memorandum.

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