State Hemp Plan 
Contents 

H.B. 126 3 

Rules Governing Hemp 21 

ISDA Sampling Protocol 30 

ISDA Laboratory Testing Protocol 40 

ISDA Remediation and Disposal Protocol 48 

Department Resources 57 
LEGISLATURE OF THE STATE OF IDAHO

Sixty-sixth Legislature First Regular Session - 2021

IN THE HOUSE OF REPRESENTATIVES

HOUSE BILL NO. 126

BY AGRICULTURAL AFFAIRS COMMITTEE

1 AN ACT

2 RELATING TO INDUSTRIAL HEMP; AMENDING TITLE 22, IDAHO CODE, BY THE ADDITION

3 OF A NEW CHAPTER 17, TITLE 22, IDAHO CODE, TO PROVIDE FOR THE INDUSTRIAL

4 HEMP RESEARCH AND DEVELOPMENT ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE

5 LEGISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDE FOR A STATE PLAN, TO AU6 THORIZE THE PRODUCTION, PROCESSING, TRANSPORTATION AND RESEARCH OF IN7 DUSTRIAL HEMP, TO PROVIDE FOR THE INDUSTRIAL HEMP ADMINISTRATION FUND,

8 AND TO PROVIDE EXCEPTIONS; AMENDING SECTION 37-2701, IDAHO CODE, TO RE9 VISE A DEFINITION; AMENDING SECTION 37-2705, IDAHO CODE, TO PROVIDE AN

10 EXCEPTION; AMENDING CHAPTER 29, TITLE 67, IDAHO CODE, BY THE ADDITION OF

11 A NEW SECTION 67-2921, IDAHO CODE, TO PROVIDE FOR THE TRANSPORTATION OF

12 INDUSTRIAL HEMP; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.

13 Be It Enacted by the Legislature of the State of Idaho:

14 SECTION 1. That Title 22, Idaho Code, be, and the same is hereby amended

15 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap16 ter 17, Title 22, Idaho Code, and to read as follows:

17 CHAPTER 17

18 INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT

19 22-1701. SHORT TITLE. This act shall be known and may be cited as the

20 "Industrial Hemp Research and Development Act."

21 22-1702. LEGISLATIVE INTENT. It is the policy of this state to:

22 (1) Assume primary regulatory authority of industrial hemp as allowed

23 by federal law;

24 (2) Allow production, processing, transportation, and research of in25 dustrial hemp in Idaho; and

26 (3) Require the director to submit a state plan to the secretary of

27 agriculture as expeditiously as possible and, by a date certain, to allow the

28 production of industrial hemp.

29 22-1703. DEFINITIONS. For purposes of this chapter:

30 (1) "2018 farm bill" means the agriculture improvement act of 2018,

31 P.L. 115-334.

32 (2) "Director" means the director of the Idaho state department of

33 agriculture.

34 (3) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and

35 any part of that plant, including the seeds thereof and all derivatives, ex36 tracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether

37 growing or not, with a delta-9 tetrahydrocannabinol concentration of not

38 more than three-tenths of one percent (0.3%) on a dry weight basis, as de39 fined in the 2018 farm bill.
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1 (4) "Secretary of agriculture" means the United States secretary of

2 agriculture.

3 22-1704. STATE PLAN. The director must prepare and submit a state plan

4 as expeditiously as possible, but no later than September 1, 2021, to the

secretary of agriculture in compliance with the 2018 farm bill and the rules

6 promulgated thereunder. The state plan must be created in consultation with

7 the governor, the director of the Idaho state police, and Idaho's agricul8 tural industry and must allow for the production, processing, transporta9 tion, and research of industrial hemp in Idaho to the greatest extent allowed

under federal law.

11 22-1705. PRODUCTION, PROCESSING, TRANSPORTATION, AND RESEARCH OF IN12 DUSTRIAL HEMP AUTHORIZED. (1) Production, processing, transportation, and

13 research of industrial hemp are subject to the rules promulgated under this

14 chapter, the state plan, and the 2018 farm bill and the rules promulgated

thereunder.

16 (2) The director must expeditiously promulgate rules that are compli17 ant with the 2018 farm bill in time to allow for the production, processing,

18 transportation, and research of industrial hemp in Idaho under the state

19 plan beginning with the spring 2022 growing season of industrial hemp. Any

rule formulated and recommended by the Idaho state department of agricul21 ture regarding the production, processing, transportation, or research of

22 industrial hemp that is broader in scope or more stringent than federal law

23 or regulations as outlined in the 2018 farm bill or that proposes to regu24 late an activity not regulated by the federal government is subject to the

following additional requirements: the notice of proposed rulemaking and

26 rulemaking record requirements under chapter 52, title 67, Idaho Code, must

27 clearly specify that the proposed rule, or portions of the proposed rule,

28 are broader in scope or more stringent than federal law or regulations or

29 regulate an activity not regulated by the federal government and delineate

which portions of the proposed rule are broader in scope or more stringent

31 than federal law or regulations or regulate an activity not regulated by the

32 federal government.

33 (3) Once a state plan is accepted by the secretary of agriculture, the

34 production, processing, transportation, and research of industrial hemp in

Idaho will also be subject to the state plan.

36 (4) The department is authorized to promulgate rules establishing fees

37 and penalties for violations associated with the provisions of this chapter.

38 (5) No penalty may be imposed against a person unless the person was

39 given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code. A person against whom

41 the department has assessed a penalty under this chapter or the rules pro42 mulgated pursuant to this chapter may, within thirty (30) days of the final

43 agency action making the assessment, appeal the assessment to the district

44 court of the county in which the violation is alleged to have occurred.

(6) Notwithstanding any provision of this chapter:

46 (a) Rules promulgated under this chapter must be adopted through the

47 negotiated rulemaking process; and
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1 (b) The transportation of industrial hemp in interstate commerce may

2 continue subject to the provisions of section 67-2921, Idaho Code.

3 22-1706. INDUSTRIAL HEMP ADMINISTRATION FUND. There is hereby estab4 lished in the dedicated fund in the state treasury the industrial hemp administration fund to which will be credited the revenues derived from fees

6 and civil penalties collected as authorized by this chapter and rules pro7 mulgated under this chapter, as well as section 67-2921, Idaho Code, and the

8 rules promulgated under that section. Moneys in the fund must be used solely

9 for carrying out the provisions of this chapter and the provisions of section

67-2921, Idaho Code.

11 22-1707. EXCEPTIONS. Industrial hemp is not subject to inspection or

12 indemnification pursuant to chapter 51, title 22, Idaho Code, or chapters 2

13 and 5, title 69, Idaho Code.

14 SECTION 2. That Section 37-2701, Idaho Code, be, and the same is hereby

amended to read as follows:

16 37-2701. DEFINITIONS. As used in this chapter:

17 (a) "Administer" means the direct application of a controlled sub18 stance whether by injection, inhalation, ingestion, or any other means, to

19 the body of a patient or research subject by:

(1) A practitioner or, in his presence, by his authorized agent; or

21 (2) The patient or research subject at the direction and in the presence

22 of the practitioner.

23 (b) "Agent" means an authorized person who acts on behalf of or at the

24 direction of a manufacturer, distributor or dispenser. It does not include

a common or contract carrier, public warehouseman or employee of the carrier

26 or warehouseman.

27 (c) "Board" means the state board of pharmacy created in chapter 17, ti28 tle 54, Idaho Code, or its successor agency.

29 (d) "Bureau" means the drug enforcement administration, United States

department of justice, or its successor agency.

31 (e) "Controlled substance" means a drug, substance or immediate pre32 cursor in schedules I through VI of article II of this chapter.

33 (f) "Counterfeit substance" means a controlled substance which, or the

34 container or labeling of which, without authorization, bears the trademark,

trade name, or other identifying mark, imprint, number or device, or any

36 likeness thereof, of a manufacturer, distributor or dispenser other than the

37 person who in fact manufactured, distributed or dispensed the substance.

38 (g) "Deliver" or "delivery" means the actual, constructive, or at39 tempted transfer from one (1) person to another of a controlled substance,

whether or not there is an agency relationship.

41 (h) "Director" means the director of the Idaho state police.

42 (i) "Dispense" means to deliver a controlled substance to an ultimate

43 user or research subject by or pursuant to the lawful order of a practi44 tioner, including the packaging, labeling, or compounding necessary to

prepare the substance for that delivery.

46 (j) "Dispenser" means a practitioner who dispenses.
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(k) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

(l) "Distributor" means a person who distributes.

(m) "Drug" means (1) substances recognized as drugs in the official

United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the

United States, or official National Formulary, or any supplement to any of

them; (2) substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in man or animals; (3) substances, other

than food, intended to affect the structure or any function of the body of man

or animals; and (4) substances intended for use as a component of any article

specified in clause (1), (2), or (3) of this subsection. It does not include

devices or their components, parts, or accessories.

(n) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in

planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing,

analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body

a controlled substance in violation of this chapter. It includes, but is not

limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant

which is a controlled substance or from which a controlled substance can

be derived;

(2) Kits used, intended for use, or designed for use in manufacturing,

compounding, converting, producing, processing or preparing controlled substances;

(3) Isomerization devices used, intended for use, or designed for use

in increasing the potency of any species of plant which is a controlled

substance;

(4) Testing equipment used, intended for use, or designed for use in

identifying, or in analyzing the strength, effectiveness or purity of

controlled substances;

(5) Scales and balances used, intended for use, or designed for use in

weighing or measuring controlled substances;

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol,

mannite, dextrose and lactose, used, intended for use, or designed for

use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for

use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(8) Blenders, bowls, containers, spoons and mixing devices used,

intended for use, or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended

for use, or designed for use in packaging small quantities of controlled

substances;

(10) Containers and other objects used, intended for use, or designed

for use in storing or concealing controlled substances;
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(11) Hypodermic syringes, needles and other objects used, intended

for use, or designed for use in parenterally injecting controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting,

inhaling, or otherwise introducing marijuana, cocaine, hashish, or

hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic

pipes with or without screens, permanent screens, hashish heads,

or punctured metal bowls;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Roach clips: meaning objects used to hold burning material,

such as a marijuana cigarette, that has become too small or too

short to be held in the hand;

(vi) Miniature cocaine spoons, and cocaine vials;

(vii) Chamber pipes;

(viii) Carburetor pipes;

(ix) Electric pipes;

(x) Air-driven pipes;

(xi) Chillums;

(xii) Bongs;

(xiii) Ice pipes or chillers;

In determining whether an object is drug paraphernalia, a court or other

authority should consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. Prior convictions, if any, of an owner, or of anyone in control of the

object, under any state or federal law relating to any controlled substance;

3. The proximity of the object, in time and space, to a direct violation

of this chapter;

4. The proximity of the object to controlled substances;

5. The existence of any residue of controlled substances on the object;

6. Direct or circumstantial evidence of the intent of an owner, or of

anyone in control of the object, to deliver it to persons whom he knows,

or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not

prevent a finding that the object is intended for use, or designed for

use as drug paraphernalia;

7. Instructions, oral or written, provided with the object concerning

its use;

8. Descriptive materials accompanying the object which explain or depict its use;

9. National and local advertising concerning its use;

10. The manner in which the object is displayed for sale;
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11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

13. The existence and scope of legitimate uses for the object in the community;

14. Expert testimony concerning its use.

(o) "Financial institution" means any bank, trust company, savings and

loan association, savings bank, mutual savings bank, credit union, or loan

company under the jurisdiction of the state or under the jurisdiction of an

agency of the United States.

(p) "Immediate precursor" means a substance which the board has found

to be and by rule designates as being the principal compound commonly used or

produced primarily for use, and which is an immediate chemical intermediary

used or likely to be used in the manufacture of a controlled substance, the

control of which is necessary to prevent, curtail or limit manufacture.

(q) "Isomer" means the optical isomer, except as used in section

37-2705(d), Idaho Code.

(r) "Law enforcement agency" means a governmental unit of one (1) or

more persons employed full-time or part-time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and

enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

(s) "Manufacture" means the production, preparation, propagation,

compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural

origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or

repackaging of the substance or labeling or relabeling of its container,

except that this term does not include the preparation or compounding of a

controlled substance:

(1) By a practitioner as an incident to his administering, dispensing

or, as authorized by board rule, distributing of a controlled substance

in the course of his professional practice; or

(2) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or

chemical analysis and not for delivery.

(t) "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"
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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) Tthe 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.

(u) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or

independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

(2) Any salt, compound, isomer, derivative, or preparation thereof

which is chemically equivalent or identical with any of the substances

referred to in clause 1, but not including the isoquinoline alkaloids of

opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and any salt, compound, derivative, or preparation of

coca leaves, and any salt, compound, isomer, derivative, or preparation

thereof which is chemically equivalent or identical with any of these

substances, but not including decocainized coca leaves or extractions

of coca leaves which do not contain cocaine or ecgonine.

(v) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of

conversion into a drug having addiction-forming or addiction-sustaining

liability. It does not include, unless specifically designated as controlled under section 37-2702, Idaho Code, the dextrorotatory isomer of
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3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

(w) "Opium poppy" means the plant of the species Papaver somniferum L.,

except its seeds.

(x) "Peace officer" means any duly appointed officer or agent of a law

enforcement agency, as defined herein, including, but not limited to, a duly

appointed investigator or agent of the Idaho state police, an officer or employee of the board of pharmacy, who is authorized by the board to enforce

this chapter, an officer of the Idaho state police, a sheriff or deputy sheriff of a county, or a marshal or policeman of any city.

(y) "Person" means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

(z) "Poppy straw" means all parts, except the seeds, of the opium poppy,

after mowing.

(aa) "Practitioner" means:

(1) A physician, dentist, veterinarian, scientific investigator, or

other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a

controlled substance in the course of his professional practice or research in this state;

(2) A pharmacy, hospital, or other institution licensed, registered,

or otherwise permitted to distribute, dispense, conduct research with

respect to or to administer a controlled substance in the course of its

professional practice or research in this state.

(bb) "Prescribe" means a direction or authorization permitting an ultimate user to lawfully obtain or be administered controlled substances.

(cc) "Prescriber" means an individual currently licensed, registered

or otherwise authorized to prescribe and administer controlled substances

in the course of professional practice.

(dd) "Production" includes the manufacture, planting, cultivation,

growing, or harvesting of a controlled substance.

(ee) "Simulated controlled substance" means a substance that is not a

controlled substance, but which by appearance or representation would lead

a reasonable person to believe that the substance is a controlled substance.

Appearance includes, but is not limited to, color, shape, size, and markings

of the dosage unit. Representation includes, but is not limited to, representations or factors of the following nature:

(1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

(2) Statements made to the recipient that the substance may be resold

for inordinate profit; or

(3) Whether the substance is packaged in a manner normally used for illicit controlled substances.

(ff) "State," when applied to a part of the United States, includes any

state, district, commonwealth, territory, insular possession thereof, and

any area subject to the legal authority of the United States of America.

(gg) "Ultimate user" means a person who lawfully possesses a controlled

substance for his own use or for the use of a member of his household or for

administering to an animal owned by him or by a member of his household.
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1 (hh) "Utility" means any person, association, partnership or corpora2 tion providing telephone and/or communication services, electricity, natu3 ral gas or water to the public.

4 SECTION 3. That Section 37-2705, Idaho Code, be, and the same is hereby

amended to read as follows:

6 37-2705. SCHEDULE I. (a) The controlled substances listed in this sec7 tion are included in schedule I.

8 (b) Any of the following opiates, including their isomers, esters,

9 ethers, salts, and salts of isomers, esters, and ethers, unless specifically

excepted, whenever the existence of these isomers, esters, ethers and salts

11 is possible within the specific chemical designation:

12 (1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-pip13 eridinyl]-N-phenylacetamide);

14 (2) Acetylmethadol;

(3) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylac16 etamide);

17 (4) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacry18 lamide;

19 (5) Allylprodine;

(6) Alphacetylmethadol (except levo-alphacetylmethadol also known as

21 levo-alpha-acetylmethadol, levomethadyl acetate or LAAM);

22 (7) Alphameprodine;

23 (8) Alphamethadol;

24 (9) Alpha-methylfentanyl;

(10) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-

26 piperidinyl]-N-phenylpropanamide);

27 (11) Benzethidine;

28 (12) Betacetylmethadol;

29 (13) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);

31 (14) Beta-hydroxy-3-methylfentanyl (N-(1-(2-hydroxy-2-phenethyl)-3-

32 methyl-4-piperidinyl)-N-phenylpropanamide);

33 (15) Betameprodine;

34 (16) Betamethadol;

(17) Betaprodine;

36 (18) Clonitazene;

37 (19) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcy38 clopentanecarboxamide);

39 (20) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);

41 (21) Dextromoramide;

42 (22) Diampromide;

43 (23) Diethylthiambutene;

44 (24) Difenoxin;

(25) Dimenoxadol;

46 (26) Dimepheptanol;

47 (27) Dimethylthiambutene;

48 (28) Dioxaphetyl butyrate;

49 (29) Dipipanone;
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(30) Ethylmethylthiambutene;

(31) Etonitazene;

(32) Etoxeridine;

(33) Fentanyl-related substances. "Fentanyl-related substances"

means any substance not otherwise listed and for which no exemption or

approval is in effect under section 505 of the federal food, drug, and

cosmetic act, 21 U.S.C. 355, and that is structurally related to fentanyl by one (1) or more of the following modifications:

i. Replacement of the phenyl portion of the phenethyl group by any

monocycle, whether or not further substituted in or on the monocycle;

ii. Substitution in or on the phenethyl group with alkyl, alkenyl,

alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

iii. Substitution in or on the piperidine ring with alkyl,

alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino,

or nitro groups;

iv. Replacement of the aniline ring with any aromatic monocycle,

whether or not further substituted in or on the aromatic monocycle; and/or

v. Replacement of the N-propionyl group by another acyl group;

(34) 4-Fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-

phenethylpiperidin-4-yl)isobutyramide);

(35) Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran2-carboxamide);

(36) Furethidine;

(37) Hydroxypethidine;

(38) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-Nphenylisobutyramide);

(39) Ketobemidone;

(40) Levomoramide;

(41) Levophenacylmorphan;

(42) 3-Methylfentanyl;

(43) 3-methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

(44) Morpheridine;

(45) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(46) MT-45 (1-cyclohexyl-4- (1,2-diphenylethyl)piperazine);

(47) Noracymethadol;

(48) Norlevorphanol;

(49) Normethadone;

(50) Norpipanone;

(51) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl) acetamide);

(52) Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-

phenethylpiperidin-4-yl) isobutyramide);

(53) Para-fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-

phenethylpiperidin-4-yl) butyramide);

(54) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-

piperidinyl] propanamide);
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(55) Para-methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-

phenethylpiperidin-4-yl) butyramide);

(56) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(57) Phenadoxone;

(58) Phenampromide;

(59) Phenomorphan;

(60) Phenoperidine;

(61) Piritramide;

(62) Proheptazine;

(63) Properidine;

(64) Propiram;

(65) Racemoramide;

(66) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidine-4-yl)-Nphenyltetrahydrofuran-2-carboxamide);

(67) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-

propanamide);

(68) Tilidine;

(69) Trimeperidine;

(70) u-47700 (3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-Nmethylbenzamide);

(71) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide).

(c) Any of the following opium derivatives, their salts, isomers and

salts of isomers, unless specifically excepted, whenever the existence of

these salts, isomers and salts of isomers is possible within the specific

chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Morphine methylbromide;

(16) Morphine methylsulfonate;

(17) Morphine-N-Oxide;

(18) Myrophine;

(19) Nicocodeine;

(20) Nicomorphine;

(21) Normorphine;

(22) Pholcodine;

(23) Thebacon.
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(d) Hallucinogenic substances. Any material, compound, mixture or

preparation which contains any quantity of the following hallucinogenic

substances, their salts, isomers and salts of isomers, unless specifically

excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of

this paragraph only, the term "isomer" includes the optical, position and

geometric isomers):

(1) Dimethoxyphenethylamine, or any compound not specifically

excepted or listed in another schedule that can be formed from

dimethoxyphenethylamine by replacement of one (1) or more hydrogen

atoms with another atom(s), functional group(s) or substructure(s)

including, but not limited to, compounds such as DOB, DOC, 2C-B,

25B-NBOMe;

(2) Methoxyamphetamine or any compound not specifically excepted or

listed in another schedule that can be formed from methoxyamphetamine

by replacement of one (1) or more hydrogen atoms with another atom(s),

functional group(s) or substructure(s) including, but not limited to,

compounds such as PMA and DOM;

(3) 5-methoxy-3,4-methylenedioxy-amphetamine;

(4) 5-methoxy-N,N-diisopropyltryptamine;

(5) Amphetamine or methamphetamine with a halogen substitution on the

benzyl ring, including compounds such as fluorinated amphetamine and

fluorinated methamphetamine;

(6) 3,4-methylenedioxy amphetamine;

(7) 3,4-methylenedioxymethamphetamine (MDMA);

(8) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and N-ethyl MDA, MDE, MDEA);

(9) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy) phenethylamine, and N-hydroxy MDA);

(10) 3,4,5-trimethoxy amphetamine;

(11) 5-methoxy-N,N-dimethyltryptamine (also known as 5-methoxy-3-2[2-

(dimethylamino)ethyl]indole and 5-MeO-DMT);

(12) Alpha-ethyltryptamine (some other names: etryptamine, 3-(2-aminobutyl) indole);

(13) Alpha-methyltryptamine;

(14) Bufotenine;

(15) Diethyltryptamine (DET);

(16) Dimethyltryptamine (DMT);

(17) Ibogaine;

(18) Lysergic acid diethylamide;

(19) Marihuana;

(20) Mescaline;

(21) Parahexyl;

(22) Peyote;

(23) N-ethyl-3-piperidyl benzilate;

(24) N-methyl-3-piperidyl benzilate;

(25) Psilocybin;

(26) Psilocyn;
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(27) Tetrahydrocannabinols or synthetic equivalents of the substances

contained in the plant, or in the resinous extractives of Cannabis, sp.

and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following:

i. Tetrahydrocannabinols, except for the permitted amount of

tetrahydrocannabinol found in industrial hemp:

a. ∆ 1 cis or trans tetrahydrocannabinol, and their optical isomers, excluding dronabinol in sesame oil and encapsulated in either a soft gelatin capsule or in an oral solution

in a drug product approved by the U.S. Food and Drug Administration.

b. ∆ 6 cis or trans tetrahydrocannabinol, and their optical

isomers.

c. ∆ 3,4 cis or trans tetrahydrocannabinol, and its optical

isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures,

regardless of numerical designation of atomic positions are

covered.)

d. [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen1-o1)], also known as 6aR-trans-3-(1,1-dimethylheptyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-dimethyl-6Hdibenzo[b,d]pyran-9-methanol (HU-210) and its geometric

isomers (HU211 or dexanabinol).

ii. The following synthetic drugs:

a. Any compound structurally derived from (1H-indole-3-

yl)(cycloalkyl, cycloalkenyl, aryl)methanone, or (1H-indole-3-yl)(cycloalkyl, cycloalkenyl, aryl)methane, or

(1H-indole-3-yl)(cycloalkyl, cycloalkenyl, aryl), methyl

or dimethyl butanoate, amino-methyl (or dimethyl)-1-oxobutan-2-yl) carboxamide by substitution at the nitrogen atoms

of the indole ring or carboxamide to any extent, whether or

not further substituted in or on the indole ring to any extent, whether or not substituted to any extent in or on the

cycloalkyl, cycloalkenyl, aryl ring(s) (substitution in the

ring may include, but is not limited to, heteroatoms such as

nitrogen, sulfur and oxygen).

b. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 H-indazole-3-carboxamide (5F-AB-PINACA).

c. 1-(1.3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one

(N-ethylpentylone, ephylone).

d. 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1 H-indazole-3-carboxamide (4-cn-cumyl-BUTINACA).

e. Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3carboxamido)-3,3-dimethylbutanoate * (5f-edmbpinaca).

f. (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3tetramethylcyclopropyl)methanone (fub-144).

g. 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (5f-cumyl-pinaca; sgt25).
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h. (1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1

H-pyrrolo[2.3-B]pyridine-3-carboxamide(5fcumyl-P7AICA).

i. Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (MMB-CHMICA, AMB-CHMICA).

j. Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (5f-mdmbpica).

k. N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole3-

carboxamide (fub-akb48; fub-apinaca).

l. Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (NM2201; CBL2201).

m. Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the

pyrrole ring to any extent, whether or not further substituted in the pyrrole ring to any extent, whether or not

substituted in the naphthyl ring to any extent.

n. Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring to any extent, whether or not further substituted

in the indene ring to any extent, whether or not substituted

in the naphthyl ring to any extent.

o. Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the

indole ring to any extent, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.

p. Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the

phenolic ring to any extent, whether or not substituted in

the cyclohexyl ring to any extent.

q. Any compound structurally derived from 3-(benzoyl)indole structure with substitution at the nitrogen atom of

the indole ring to any extent, whether or not further substituted in the indole ring to any extent and whether or not

substituted in the phenyl ring to any extent.

r. [2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone

(WIN-55,212-2).

s. 3-dimethylheptyl-11-hydroxyhexahydrocannabinol (HU243).

t. [(6S, 6aR, 9R, 10aR)-9-hydroxy-6-methyl-3-[(2R)-

5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate (CP 50,5561).

(28) Ethylamine analog of phencyclidine:N-ethyl-1-phenylcyclohexylamine (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;

(29) Pyrrolidine analog of phencyclidine: 1-(phenylcyclohexyl) -

pyrrolidine, PCPy, PHP;

(30) Thiophene analog of phencyclidine 1-[1-(2-thienyl)-cyclohexyl]-

piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP;

(31) 1-[1-(2-thienyl) cyclohexyl] pyrrolidine another name: TCPy;
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(32) Spores or mycelium capable of producing mushrooms that contain

psilocybin or psilocin.

(e) Unless specifically excepted or unless listed in another schedule,

any material, compound, mixture or preparation which contains any quantity

of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the

existence of such salts, isomers, and salts of isomers is possible within the

specific chemical designation:

(1) Gamma hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate, 4-hydroxybutyrate; 4-hyroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(2) Flunitrazepam (also known as "R2," "Rohypnol");

(3) Mecloqualone;

(4) Methaqualone.

(f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on

the central nervous system, including its salts, isomers, and salts of isomers:

(1) Aminorex (some other names: aminoxaphen, 2-amino-5-phenyl-2-oxazoline, or 4,5-dihydro-5-phenyl-2-oxazolamine);

(2) Cathinone (some other names: 2-amino-1-phenol-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone);

(3) Substituted cathinones. Any compound, except bupropion or compounds listed under a different schedule, structurally derived from

2-aminopropan-1-one by substitution at the 1-position with either

phenyl, naphthyl or thiophene ring systems, whether or not the compound

is further modified in any of the following ways:

i. By substitution in the ring system to any extent with alkyl,

alkylenedioxy, alkoxy, haloalkyl, hydroxyl or halide substituents, whether or not further substituted in the ring system

by one (1) or more other univalent substituents;

ii. By substitution at the 3-position with an acyclic alkyl substituent;

iii. By substitution at the 2-amino nitrogen atom with alkyl,

dialkyl, benzyl or methoxybenzyl groups, or by inclusion of the

2-amino nitrogen atom in a cyclic structure.

(4) Alpha-pyrrolidinoheptaphenone* (PV8);

(5) Alpha-pyrrolidinohexanophenone* (a-php);

(6) 4-chloro-alpha-pyrrolidinovalerophenone* (4chloro-a-pvp);

(7) Fenethylline;

(8) Methcathinone (some other names: 2-(methyl-amino)-propiophenone, alpha-(methylamino)-propiophenone, N-methylcathinone, AL464, AL-422, AL-463 and UR1423);

(9) (+/-)cis-4-methylaminorex [(+/-)cis-4,5-dihydro-4-methyl-5-

phenyl-2-oxazolamine];

(10) 4-methyl-alpha-ethylaminopentiophenone* (4meap);

(11) 4'-methyl-alpha-pyrrolidinohexiophenone* (mphp);

(12) N-benzylpiperazine (also known as: BZP, 1-benzylpiperazine);

(13) N-ethylamphetamine;
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1 (14) N-ethylhexedrone*;

2 (15) N,N-dimethylamphetamine (also known as: N,N-alpha-trimethyl3 benzeneethanamine).

4 SECTION 4. That Chapter 29, Title 67, Idaho Code, be, and the same is

hereby amended by the addition thereto of a NEW SECTION, to be known and des6 ignated as Section 67-2921, Idaho Code, and to read as follows:

7 67-2921. TRANSPORTATION OF INDUSTRIAL HEMP. (1) As used in this sec8 tion:

9 (a) "2014 farm bill" means the agriculture act of 2014, P.L. 113-79.

(b) "2018 farm bill" means the agriculture improvement act of 2018,

11 P.L. 115-334.

12 (c) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and

13 any part of that plant, including the seeds thereof and all derivatives,

14 extracts, cannabinoids, isomers, acids, salts, and salts of isomers,

whether growing or not, with a delta-9 tetrahydrocannabinol concentra16 tion of not more than three-tenths of one percent (0.3%) on a dry weight

17 basis, as defined in the 2018 farm bill.

18 (d) "Peace officer" has the same meaning as provided in section

19 19-5101, Idaho Code.

(e) "Transporter" means any person, individual, partnership, corpora21 tion, association, grower, farmer, producer, or any other entity en22 gaged in hauling, transporting, delivering, or otherwise moving hemp in

23 interstate or intrastate commerce.

24 (f) "Vehicle" has the same meaning as provided in section 49-123, Idaho

Code.

26 (2) Any rule formulated and recommended by the Idaho state police or

27 the Idaho state department of agriculture regarding the interstate or in28 trastate transportation of hemp by a transporter or vehicle hauling indus29 trial hemp that is broader in scope or more stringent than federal law or regulations as outlined in the 2014 farm bill and the 2018 farm bill or that pro31 poses to regulate an activity not regulated by the federal government is sub32 ject to the following additional requirements: the notice of proposed rule33 making and rulemaking record requirements under chapter 52, title 67, Idaho

34 Code, must clearly specify that the proposed rule, or portions of the proposed rule, are broader in scope or more stringent than federal law or regu36 lations or regulate an activity not regulated by the federal government and

37 delineate which portions of the proposed rule are broader in scope or more

38 stringent than federal law or regulations or regulate an activity not regu39 lated by the federal government. Such rules must be promulgated and adopted

through the negotiated rulemaking process.

41 (3) When a transporter or vehicle hauling industrial hemp pursuant to a

42 license under the provisions of the 2014 farm bill, the 2018 farm bill, or 7

43 CFR 990.1 et seq., is lawfully detained by a peace officer, the transporter

44 of industrial hemp must consent to inspection of the shipment for the purpose

of ensuring compliance with the 2014 farm bill, the 2018 farm bill, and 7 CFR

46 990.1 et seq. The peace officer may randomly select reasonably sized samples

47 not to exceed twenty (20) grams per sampling event for each unique lot, pack48 age, or identified quantity and retain them for future off-sight testing.

49 Transporters are not entitled to compensation for these de minimis samples.
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1 The length of the detention must be only as long as reasonably necessary to

2 effectuate inspection, sampling, and weighing of industrial hemp.

3 (4) Industrial hemp samples are subject to analysis in a manner consis4 tent with the 2018 farm bill and 7 CFR 990.1 et seq. to determine the total

delta-9 tetrahydrocannabinol (THC) concentration, including all tetrahy6 drocannabinolic acid (THCA). Industrial hemp samples not in compliance with

7 the 2018 farm bill and 7 CFR 990.1 et seq. may subject the transporter to

8 criminal penalties for marijuana under chapter 27, title 37, Idaho Code.

9 (5) Violations. It is unlawful for any person to knowingly possess industrial hemp without a license or in violation of any of the provisions of

11 the 2014 farm bill, the 2018 farm bill, or 7 CFR 990.1 et seq., except when

12 lawfully engaged in transporting industrial hemp on behalf of and at the di13 rection of the licensee.

14 (6) Penalties.

(a) Any person who pleads guilty to or is found guilty of a violation of

16 subsection (5) of this section for the first time is guilty of a misde17 meanor and is subject to a fine of no more than one hundred fifty dollars

18 ($150).

19 (b) Any person who pleads guilty to or is found guilty of a violation

of subsection (5) of this section for the second time within a period of

21 five (5) years of the first conviction is guilty of a misdemeanor and is

22 subject to a fine of no more than three hundred dollars ($300).

23 (c) Any person who pleads guilty to or is found guilty of a violation of

24 subsection (5) of this section for the third or subsequent time within

a period of five (5) years of the first conviction is guilty of a mis26 demeanor, punishable by a fine of no more than one thousand dollars

27 ($1,000), or by imprisonment in the county jail not to exceed six (6)

28 months, or by both such fine and imprisonment.

29 (d) Industrial hemp transported or possessed in violation of subsection (5) of this section is deemed contraband and is subject to seizure

31 and destruction.

32 (7) When a substance transported and tested pursuant to this section

33 fails to meet the definition of industrial hemp set forth in this sec34 tion because the test results demonstrate that the substance has a delta-9

tetrahydrocannabinol concentration greater than three-tenths of one per36 cent (0.3%) on a dry weight basis, nothing in this section otherwise inhibits

37 or restricts any peace officer from enforcing the provisions of chapter 27,

38 title 37, Idaho Code.

39 (8) The provisions of this section must not be construed to apply to any

material or product derived from industrial hemp that contains no quantity

41 of delta-9 tetrahydrocannabinol concentration and is not derived from the

42 prohibited parts of the marijuana plant, as provided in section 37-2701(t),

43 Idaho Code.

44 (9) This section must not be interpreted to apply to industrial hemp

transported in or through the state of Idaho prior to enactment of this sec46 tion.

47 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared

48 to be severable, and if any provision of this act or the application of such

49 provision to any person or circumstance is declared invalid for any reason,
18

1 such declaration does not affect the validity of the remaining portions of

2 this act.

3 SECTION 6. An emergency existing therefor, which emergency is hereby

4 declared to exist, this act shall be in full force and effect on and after its

5 passage and approval.
 

 

 

 

 

 

 

 

 

 

 

 

02.01.07 RULES GOVERNING HEMP 

000. LEGAL AUTHORITY. 

This chapter is adopted under the legal authority of Sections 22-1702, 22-1703, 22-1704, 22-1705, 

and 22-1706, Idaho Code. ( ) 

001. SCOPE. 

01. Scope. These rules govern the licensing, production, handling and research of 

hemp. ( ) 

002. INCORPORATION BY REFERENCE. 

01. Domestic Hemp Production Program. 7 CFR Part 990. ( ) 

02. USDA Final Hemp Rule. 86 FR 5596. https://www.govinfo.gov/content/pkg/FR2021-01-19/pdf/2021-00967.pdf ( ) 

003. -- 009. (RESERVED) 

010. DEFINITIONS. 

In addition to the definitions in 7 CFR Part 990, the USDA Final Hemp Rule, and Section 22-

1703, Idaho Code, the following definitions apply to the interpretation and enforcement of these 

rules: ( ) 

01. Accepted Laboratory. A laboratory capable of testing pursuant to rule 

requirements and which is a state department of agriculture laboratory or a laboratory accredited 

in accordance with International Organization for Standardization ISO/IEC 17025:2017 and 

capable of THC quantitation by gas chromatography-mass spectrometry or high-pressure liquid 

chromatography. The Idaho State Police Forensic Laboratory is excluded from this definition. 

After December 31, 2022, accepted laboratories also must be registered with the U.S. Drug 

Enforcement Agency under the Controlled Substances Act, 21 CFR part 1301.13. ( ) 

02. Acceptable Hemp THC Level. The total delta-9 tetrahydrocannabinol content of 

hemp on a dry weight basis, that, when reported with the measurement of uncertainty, produces a 

range that includes a result of three-tenths percent (0.3%) total tetrahydrocannabinol or less, as 

defined in the 2018 Farm Bill. ( ) 

03. Department. The Idaho State Department of Agriculture. ( ) 

04. Entity. A corporation, general partnership, joint stock company, association, 

limited partnership, limited liability partnership, limited liability company, series limited liability 

company, irrevocable trust, estate, charitable organization, other similar organization, or an 

institution of higher education. ( ) 
 

 

 

 

 

 

 

 

 

05. Harvest. To cut, gather, take, or remove all or part of hemp plants growing in a lot 

for the purpose of distribution, disposal, cloning, handling, sale, or any other use. ( ) 

06. Key Participant. A person who has direct or indirect financial interest in the entity 

producing hemp, such as an owner or partner in a partnership. A key participant also includes 

persons in a corporate entity at executive levels. ( ) 

07. License. A hemp producer or hemp handler license issued by the Department. 

( ) 

08. Lot. A contiguous area in a field, greenhouse, or indoor growing structure 

containing the same variety or strain of hemp throughout. ( ) 

09. Measurement of Uncertainty. The parameter, associated with the result of a 

measurement, that characterizes the dispersion of the values that could reasonably be attributed to 

the particular quantity subject to measurement. ( ) 

10. Producer. A producer includes an owner, operator, landlord, or tenant who shares 

in the risk of producing a crop and who is entitled to share in the crop available for marketing from 

the farm or facility, or would have shared had the crop been produced. A producer includes a 

grower of seed. ( ) 

11. Total THC. The sum of tetrahydrocannabinolic acid and delta-9 

tetrahydrocannabinol. ( ) 

011. ABBREVIATIONS. 

01. USDA. The U.S. Department of Agriculture. ( ) 

02. THC. Tetrahydrocannabinol. ( ) 

03. FSA. The U.S. Department of Agriculture Farm Service Agency. ( ) 

012. -- 199. (RESERVED) 

200. DEPARTMENT INFORMATION. 

01. Department Reporting. The Department will provide to USDA all hemp 

information required by federal regulation including a hemp producer report, a hemp disposal 

report, and an annual state report pursuant to deadlines established by USDA. ( ) 

201. -- 299. (RESERVED) 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

300. LICENSES. 

01. Requirement. Any person or entity shall have an active hemp license from the 

Department for planting, propagating, producing, handling or processing hemp in Idaho. ( ) 

02. Application. An applicant for a producer or handler license must apply on a form 

prescribed by the Department. ( ) 

a. An applicant and any key participants must include in the application a criminal 

history report conducted as a fingerprint background check by the Idaho State Police or Federal 

Bureau of Investigation completed no more than sixty (60) days before the application submission. 

( ) 

03. Annual Application Period and Fees. The application period is September 1 

through December 31 of each year for the next calendar year, or a late fee of $250 applies to each 

late application. Applications must be complete and include a nonrefundable application fee 

according to section 301.01 of this rule. ( ) 

04. Application Approval. An applicant will be notified when the application has been 

approved or denied. Upon notification of approval of a license application, the applicant must remit 

to the Department the appropriate license fees according to section 301.01 of this rule. Upon 

receipt of payment of the license fee, the license will be issued. ( ) 

05. License Not Transferable. All licenses are non-transferable. ( ) 

06. Producer License. A producer license authorizes a person or entity to obtain and 

possess hemp seed for planting; to cultivate and harvest hemp; to transport their own hemp crop; 

to dispose of or remediate their own hemp; as well as possess and market plant parts. ( ) 

07. Handler License. A handler license authorizes a person or entity to obtain and 

possess hemp, including seed, for processing but not intended for the license holder’s own

cultivation. ( ) 

08. Ineligibility. No license will be issued to an ineligible person or entity. ( ) 

a. A person who has had a hemp license revoked by the Department, USDA, another 

state, Indian nation, or U.S. territory is ineligible to apply for participation in the hemp program 

for a period of five (5) years from the date of revocation. ( ) 

b. A person who has been convicted of a felony relating to a controlled substance 

under federal law or the law of any state may not, before the tenth anniversary of the date of the 

conviction, hold a license, or be a key participant, or be a governing person of a business entity 

that holds a license unless the person was lawfully growing hemp under the 2014 Farm Bill before 

December 20, 2018, and whose conviction also occurred before December 20, 2018. ( ) 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

c. A person who materially falsifies any information contained in a license application 

to the Department, or submitted an application to the Department, USDA, another state, Indian 

nation, or U.S. territory with any materially false statements or misrepresentations is ineligible for 

a license. ( ) 

d. A person under the age of eighteen (18) years of age at the time the application is 

submitted to the Department is ineligible for a license. ( ) 

e. A person or entity with three (3) negligent violations in a five (5) year period is 

ineligible to produce hemp for a period of five (5) years from the date of the third violation. ( ) 

09. License Expiration. A license is valid from January 1 until December 31 of each 

year, except for a license issued as a result of a late application which is valid from date of issuance 

until December 31 of that year. ( ) 

10. License Amendment. Any change to the required information on an approved 

license requires a licensee to submit a license amendment on a form prescribed by the Department 

within 10 business days of the change. Changes may be subject to Section 301.01 of this rule. 

( ) 

11. Additional Responsibilities. A license holder must notify the Department of any 

theft of hemp materials, whether growing or not, within forty-eight (48) hours of discovery. 

( ) 

12. Suspension. A hemp license may be suspended when a licensee has engaged in 

conduct violating hemp law or rule, or when a licensee failed to comply with a written order related 

to a negligent violation. ( ) 

a. A suspended license may be restored after a waiting period of one (1) year. ( ) 

b. Any person or entity whose license has been suspended may be required to comply 

with a corrective action plan to fully restore the license. ( ) 

13. Revocation. A hemp license will be revoked if the licensee: ( ) 

a. Pleads guilty to, or is convicted of, any felony related to a controlled substance; or 

( ) 

b. Made any materially false statement with regard to this rule to the Department with 

a culpable mental state greater than negligence; or ( ) 

c. Was found to be growing cannabis exceeding the acceptable hemp THC level with 

a culpable mental state greater than negligence; or ( ) 

d. Negligently violated law or rule three times in five (5) years. ( ) 
 

 

 

 

 

 

 

 

 

14. No license for official duties. Department employees and law enforcement are not 

required to have a license for handling hemp in performance of official duties. ( ) 

301. FEES 

01. Licensing and Inspection Fees. Hemp program fees are as follows: ( ) 

Fee Type Grower Handler 

Annual application $100 $100 

Annual license $500 $1,000 

Modification to application 

information 

$250 $500 

Producer pre-harvest inspection 

and other inspections 

$250/lot + $35/hour for 

travel to site + actual costs 

for shipping samples 

Handler annual site inspection 

and other inspections 

$500/site + $35/hour for 

travel to site 

( ) 

a. Applicants seeking to produce and handle hemp require both license types. The 

annual application fee is charged only for the first license type. ( ) 

02. Other Costs. Licensees pay the costs of background checks and required testing 

directly to the entity providing the service. ( ) 

302. -- 399. (RESERVED) 

400. PRODUCER RECORDS 

01. Producer Records. Producers shall maintain the following records for three (3) 

years and make them available during normal business hours for the Department to review at the 

location where hemp is being grown: ( ) 

a. All documents related to the information required in the license application; 

( ) 

b. Source of hemp seed; ( ) 

c. Total acreage of industrial hemp planted, harvested, and disposed; ( ) 

d. Record of all handlers sold to and quantities sold to each entity; ( ) 

e. Variety and strain for each lot; ( ) 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

f. All records, documents, and forms regarding the disposal or remediation of hemp; 

( ) 

g. Copies of all records submitted to the Department, USDA or law enforcement 

related to hemp, as well as any supporting documentation. ( ) 

02. Submission of Information to USDA. All license holders shall report to their local 

USDA FSA office consistent with USDA requirements. ( ) 

500. INSPECTION OF PRODUCERS. 

01. Verification. Inspections may be scheduled by the Department to verify 

information provided by the licensee. Any growing sites that do not conform to the license must 

be destroyed or the license must be amended. ( ) 

02. Access. The Department shall have access to hemp sites and may enter property 

where hemp is planted, stored, propagated, produced, or handled for the purpose of inspections, 

sample collections, testing, or investigation pursuant to Idaho Code and this rule. ( ) 

03. Harvest Notification. A producer license holder must submit a sample request 

form to the Department at least thirty-five (35) days prior to the expected harvest date. ( ) 

04. Procedure. The sampling procedure is determined by the Department's Sampling 

Protocol. Inspections and sampling are subject to Section 301.01 of this rule. ( ) 

05. Inspection and Sampling. ISDA will conduct inspections and collect samples of 

each lot not more than thirty (30) days before the hemp is harvested. The industrial hemp may be 

harvested only after the official sample is collected. The producer licensee or a key participant 

must be present at the inspection. ( ) 

06. Harvest. The license holder will harvest the crop no more than thirty (30) days 

following the date of sample collection by the Department. ( ) 

a. If the licensee fails to complete harvest within thirty (30) days of sample collection, 

secondary samples of each lot to be harvested must be collected by the Department and submitted 

for testing. ( ) 

i. The license holder must notify the Department of a delay in harvesting by 

submitting a request form for subsequent sample collection from each lot to be harvested. 

Additional sampling is subject to Section 301.01 of this rule. ( ) 

07. Lots Not Commingled. Harvested hemp lots may not be commingled with hemp 

from other harvested lots or other material. ( ) 

08. Movement. No hemp may leave the control of the producer licensee until the 

licensee receives notification from the Department that the lot complies with this rule. ( ) 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

501. TRANSPLANTING 

01. Transplanting. To transplant hemp, a producer licensee must submit transplant 

information with his or her license application or submit a lot change request on a form provided 

by the agency. ( ) 

02. Lots Not Divided. No licensee will divide a lot from the initial area of cultivation 

for transplant into more than one transplantation area for on-farm production. ( ) 

03. Transplant Sales. Selling hemp transplants for wholesale or retail requires a 

producer license and a handler license. ( ) 

502. -- 599. (RESERVED) 

600. INSPECTION OF HANDLERS. 

01. Handler Inspection. The Department will inspect all handler locations annually. 

The licensee or a key participant must be present at the scheduled inspection. The Department may 

perform random inspections during normal business hours. A sample may be pulled at an 

inspection. Scheduled handler inspections are subject Section 301.01 of this rule. ( ) 

02. Handler Duties. ( ) 

a. The licensee may not acquire or accept hemp from any source other than a person 

licensed by the Department, the USDA, or a state or tribe with a hemp plan approved by USDA. 

( ) 

b. Licensed handlers shall not sell, offer, or transfer within Idaho any hemp products 

not in compliance with Section 37-2701, Idaho Code. ( ) 

03. Handler Records. Handlers shall maintain the following records for three (3) years 

and make them available during normal business hours for the Department to review at the facility 

where hemp is being handled: ( ) 

a. Records of all hemp crop acquisitions with the corresponding producer name, 

producer address, copy of producer license number, quantity purchased, and transaction date; 

( ) 

b. Records of all unprocessed hemp sold including name, address, and license number 

of the person or entity to whom the product was sold in addition to the quantity sold and transaction 

date; ( ) 

c. Records of hemp products made by licensee including description of each type of 

product, quantity sold, and date of distribution; and ( ) 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d. All records regarding the disposal of products exceeding the acceptable hemp THC 

level. ( ) 

700. SAMPLES AND TESTING. 

01. Sampling Protocol. Sampling will be conducted according to the Department’s 

Sampling Protocol. The Department will send samples to an accepted laboratory selected by the 

license holder at the time of sampling. The licensee bears the full cost of laboratory testing. ( ) 

02. Laboratory Testing. An accepted laboratory must use appropriate and validated 

methods and procedures for all testing activities and evaluate the measurement of uncertainty. 

Samples must be tested using post-decarboxylation or a similarly reliable method by which the 

total THC concentration level reported accounts for the conversion of THCA into THC. An 

accepted laboratory will analyze regulatory samples according to the Department’s Testing

Protocol and the following steps: ( ) 

a. Maintain the chain of custody of each sample; ( ) 

b. Retain the sample for a minimum of thirty (30) business days from the sample 

submission date; ( ) 

c. Not commingle hemp from one lot with hemp from any other lot; ( ) 

d. Send the test results of official samples to the Department, license holder and 

USDA no later than the fifteenth business day from the sample submission date; and ( ) 

e. Determine and report total delta-9 THC concentration level on a dry weight basis, 

and the measurement of uncertainty must be estimated and reported with the test results. ( ) 

03. Test Results. Any test result of a sample showing, with acceptable quality control 

passing, that the total THC content of the sample exceeds the acceptable hemp THC level shall be 

conclusive evidence that hemp from the lot represented by the sample contains a THC 

concentration in excess of that allowed. ( ) 

a. If the results of a test conclude that the THC levels of a sample exceeds the 

acceptable hemp THC level, the laboratory will promptly notify the producer, the Department, and 

the USDA. 

( ) 

04. Holding for Test Results. No hemp may be transferred or enter the stream of 

commerce until the license holder is notified that the hemp lot sampled and tested is compliant 

with an acceptable THC level when the application of the measurement of uncertainty is applied. 

( ) 

05. Retesting. A license holder may request a retest of the original sample within five 

(5) days from the date the license holder receives the results of the first test. ( ) 
 

 

 

 

 

 

 

 

 

 

a. Retests must be performed by the laboratory that conducted the initial test. ( ) 

b. The laboratory must use the original sample used in the first test for the retest. 

( ) 

c. The results of the retest are final. ( ) 

800. DISPOSAL 

01. Hemp above the acceptable hemp THC level. No more than five (5) calendar 

days after notification that material from a hemp lot has tested above the acceptable THC level, 

the licensee must notify the Department of the licensee’s decision to either destroy or remediate

the entire non-compliant hemp lot and by which method according to the Department’s Disposal 

and Remediation Protocol. ( ) 

02. Disposal. The licensee must dispose of non-compliant hemp with chemical or 

mechanical destruction to render the material non-retrievable, non-ingestible, and unfit to enter the 

stream of commerce. ( ) 

03. Remediation. Lots may be remediated according to the Department’s Disposal and 

Remediation Protocol. ( ) 

a. Remediated hemp will be resampled and retested according to sections 500.04 and 

700 of this rule. Remediated hemp that fails the re-test must be destroyed and is not eligible for 

additional remediation efforts. ( ) 

04. Verification. The Department must inspect and document disposal or remediation 

of non-compliant hemp. ( ) 

05. Other Hemp Disposal. Disposal is required for the any of the following: ( ) 

a. Hemp plants located in an area that is not licensed, ( ) 

b. Hemp plants not accounted for in required reporting, or ( ) 

c. Hemp lots that have been destroyed due to pests, weeds, disease, poor stand, natural 

disaster or a weather event such as a flood or hail. ( ) 

06. Reporting. All hemp disposed of, for any reason, must be reported to and verified 

by the Department and may be subject to section 301.01 of this rule. ( ) 

07. Costs. All costs for disposal, remediation, and related activities will be paid by the 

license holder or land owner. ( ) 
 

 

 

 

 

 

 

 

 

 

 

 

08. USDA Notification. The Department will provide to USDA information about 

non-compliant plants, sites and related test results. ( ) 

900. VIOLATIONS. 

01. Negligent Acts. Negligent acts include: ( ) 

a. Failure to provide an accurate legal description of land where hemp is produced; 

( ) 

b. Failure to obtain a license; or ( ) 

c. Production of hemp exceeding the acceptable THC level. ( ) 

02. License holders shall not be subject to more than one (1) negligent violation per 

calendar year. ( ) 

03. Corrective Actions. Upon any determination that a negligent act related to the 

growth or handling of hemp has occurred, the Department will institute a corrective action plan 

which must include: ( ) 

a. A reasonable date to correct the negligent act; and ( ) 

b. A requirement to periodically report to the Department regarding compliance with 

the corrective action plan for a period of not less than two (2) consecutive calendar years. ( ) 

04. Agency Inspection. The Department will conduct inspections to determine if the 

corrective action plan was implemented. ( ) 

05. Not Subject to Criminal Enforcement. As a result of a negligent violation, a 

licensee is not subject to criminal enforcement action. ( ) 

06. Non-negligent Violations. Violations with a culpable mental state greater than 

negligence, including knowingly growing hemp containing a delta-9-THC concentration that 

exceeds three-tenths percent (0.3%) on a dry weight basis will be reported by the Department to 

the Idaho State Police and the U.S. Attorney General. ( ) 

07. Penalties and Procedure. Penalties, including license suspension or revocation, 

and due process procedures are governed under Idaho Code Section 22-1705(5) and the Idaho 

Administrative Procedure Act, Chapter 52, Title 67, Idaho Code. ( ) 
Idaho State Department of 

Agriculture 

Hemp Production Sampling Protocol 
Contents 

Purpose: ........................................................................................................................................................ 3 

Scope:............................................................................................................................................................ 3 

Summary or Practice:.................................................................................................................................... 3 

Equipment and Supplies: .............................................................................................................................. 4 

Sampling Guidelines:..................................................................................................................................... 4 

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Purpose: 

1. Standard sampling guidelines are specified for field and greenhouse sampling of hemp. 

2. Samples are taken to obtain specimens for the measurement of total 

tetrahydrocannabinol (THC) content, which determines whether the specimens are 

hemp or marijuana. The measurements are intended to be representative of the total 

THC content in a lot of hemp crop acreage as identified in the licensing process. Hemp 

producers may not harvest hemp prior to the hemp being sampled for THC 

concentration. Testing protocols are provided in a separate protocol document. 

Scope: 

1. Samples collected under this protocol will be submitted to an accepted laboratory for 

determination of total THC concentration in hemp. After December 31, 2022, all 

laboratories testing official hemp samples must be registered with the Drug 

Enforcement Agency (DEA). 

2. Since the THC content of hemp generally peaks as the plant ripens, the timing of when 

sampling occurs is important to accurately measure total THC concentration and 

monitor compliance with the ISDA hemp program. Harvest shall be completed within 30 

days from sample collection. 

3. Samples must be collected by ISDA personnel. Hemp producers may not act as official 

sampling agents. It is the responsibility of the licensed producer to pay any fees 

associated with sampling. 

Summary or Practice: 

1. This practice provides procedures for entering a growing area and collecting the 

minimum number of plant specimens necessary to represent a homogeneous 

composition of the lot that is to be sampled. Authorized ISDA personnel enters a 

growing area, strategically examines the growing area, establishes an approach for 

navigating the growing area, and collects individual specimens of plants in order to 

obtain a representative sample of hemp in the designated lot. The ISDA will inspect 

every hemp lot at least once per year. 

2. Cuttings from each lot shall be organized as composite samples. Lot is defined in ISDA’s 

Hemp Rule. In addition, lot refers to the batch of contiguous, homogeneous whole of a 

product being sold to a single buyer at a single time. The size of the lot is determined by 

the producer in terms of farm location and field acreage and is to be reported as such to 

ISDA upon applying for a license. 

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3. ISDA hemp program personnel will be trained to conduct sampling pursuant to federal 

regulation as well as state law and rule to ensure compliance with the Idaho State Hemp 

Plan. 

Equipment and Supplies: 

1. Garden pruners/shears (Cleaned prior to and following each composite sample. Some 

examples of appropriate cleaning agents and supplies to use on garden pruners/shears 

are bleach, rubbing alcohol, steel wool, and/or sandpaper.) 

2. Sample bags, paper. 

a. The size of the bags will depend upon the number of clippings collected per lot. 

b. The bags are made from material known to be free from THC. 

3. Security tape. 

4. Permanent markers. 

5. Sample collection forms. 

6. GPS Unit. 

7. Disposable gloves – Nitrite 

8. Ladder 

Sampling Guidelines: 

1. The licensee or their designee should be present throughout the sampling process. 

2. Surveillance of the growing area: 

a. The investigator shall verify the GPS coordinates of the growing area as 

compared with the GPS coordinates submitted by the licensee to ISDA. 

b. The investigator shall estimate the average height, appearance, approximate 

density, condition of the plants, and degree of maturity of the inflorescences 

(flowers/buds). 

c. The investigator shall visually establish the homogeneity of the stand to establish 

that the growing area is of like variety. 

3. Time of Sampling: 

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a. Within 30 days prior to the anticipated harvest of a designated hemp lot, 

authorized ISDA personnel shall collect representative samples from such 

cannabis plants for THC concentration level testing. 

4. Field Sampling: 

a. For purposes of determining the number of individual plants to select for 

sampling, the size of the growing area will be considered. For sampling purposes, 

samples from separate lots must be kept separate and not be comingled. 

b. For lots of less than one acre, including greenhouses, select a minimum of 1 

plant, then take a cutting from the plant to form a sample. For lots of 1 to 10 

acres, including greenhouses, select a minimum of one plant per acre, then take 

cuttings of each plant, then combine to form a composite sample. 

c. For growing areas larger than ten (10) acres, including greenhouses, the number 

of plants that will be selected to form a composite sample is based upon the 

Codex Alimentarius Recommended Methods of Sampling for the Determination 

of Pesticide Residues for Compliance with MRLS CAC/GL33-1999. 

i. The sample size is estimated in a two-step process. The first step is to 

estimate the number of primary plants to be sampled. The second step is 

to adjust the estimate of primary plants by the acreage under cultivation. 

ii. The initial number of primary plants is estimated using 

In (1 − p)

n0 =

In (1 − i)

where “p” is the confidence level to detect hemp plants testing above the 

acceptable THC threshold and “i” is the proportion of hemp plants having 

THC content above the acceptable threshold. The values for “i” are based 

on past experience in the same or similar growing areas. 

iii. The initial primary plants estimate is adjusted by the number of acres to 

calculate the minimum number of primary plants as follows: 

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n0

n =

(n0−1) 1 + N

where “n” is the minimum number of primary plants to be selected for forming a 

composite sample, “n0” is the initial number of primary plants estimated using the 

previous formula, and “N” is the number of acres under cultivation. 

iv. Example 1: The initial primary plant sample size is 299 with a confidence level of 95% to

detect hemp plants having an acceptable hemp THC level and a proportion of hemp

plants having THC content above the acceptable threshold equal to 0.01 is considered

appropriate. The adjusted primary plant sample sizes for fields from 11 to 173 acres in

size are shown in the following table: 

October 2021 6 | P a g e 

Number 

of Acres 

Sample 

Size “n”

Number 

of Acres 

Sample 

Size “n”

Number 

of Acres 

Sample 

Size “n”

Number 

of Acres 

Sample 

Size “n”

11 11 40 36 75-76 61 119-120 86 

12 12 41-42 37 77 62 121-122 87 

13 13 43 38 78-79 63 123-124 88 

14 14 44 39 80-81 34 125-126 89 

15 15 45-46 40 82 35 127-128 90 

16 16 47 41 83-84 66 129-130 91 

17 17 48 42 85-86 67 131-132 92 

18-19 18 49-50 43 87 98 133-134 93 

20 19 51 44 88-89 69 135-136 94 

21 20 52 458 90-91 70 137-138 95 

22 21 53-54 46 92 71 139-140 96 

23 22 55 47 93-94 72 141-143 97 

24 23 56 48 95-96 73 144-145 98 

25-26 24 57-58 49 97-98 74 146-147 99 

27 25 59 50 99 75 148-149 100 

28 26 60-61 51 100-101 76 150-152 101 

29 27 62 52 102-103 77 153-154 102 

30 28 63-64 53 104-105 78 155-156 103 

31-32 29 65 54 106-107 79 157-158 104 

33 30 66-67 55 108 80 159-161 105 

34 31 68 56 109-110 81 162-163 106 

35 32 69-70 57 111-112 82 164-166 107 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

36 33 

37-38 34 

39 35 

71 58 

72-73 59 

74 60 

113-114 83 

115-116 84 

117-118 85 

167-168 108 

169-170 109 

171-173 110 

v. Example 2: The adjusted primary plant sample sizes for fields from less

than 1 to 10 acres in size are shown in the following table:

Number of Sample Size 

Acres “N” “n”

Less than 1 1 

1 1 

2 2 

3 3 

4 4 

5 5 

6 6 

7 7 

8 8 

9 9 

10 10 

5. Collecting Samples from Each Lot

a. Investigators should always walk at right angles to the rows of plants if possible,

beginning at one point of the lot and walking towards another point on the

opposite side of the lot.

b. While walking through the growing area, the sampling agent will cut at least “n”

inflorescences (the flower or bud of a plant) based on the acreage of the growing

area, at random but convenient distances. Inspectors will avoid collecting sample

specimens from the borders of the field/greenhouse.

c. The cut will be obtained from the flowering tops of plants when flowering tops

are present, and shall be approximately five to eight inches in length from the

“main stem” (that includes the leaves and flowers), “terminal bud” (that occurs

at the end of a stem), or “central cola” (cut stem that develops into a bud) of the

flowering top of the plant.

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5 - 8 inches at top 

of plant. 

d. Utilize paper sample bag(s) for collecting sample cuttings. Ensure that each bag 

has the minimum number of cuttings, n, as calculated by iii, or in the Example 

Tables 1 and 2. 

e. If one bag cannot accommodate the minimum number of cuttings due to lot size, 

the sample may be divided into multiple bags, but must be clearly labeled in 

such a way that each bag is appropriately matched with the corresponding lot. 

(i.e. For lot 101 with three corresponding sample bags: 101 1 of 3, 101 2 of 3, 

101 3 of 3.) 

f. Seal each bag and record the sample number or other documentation. 

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g. The sampling protocol is meant to ensure, at a confidence level of 95 percent, 

that the cannabis plants will not test above the acceptable hemp THC level of 0.3 

percent on a dry weight basis. 

6. Sample Identification 

a. The investigator will seal each bag and record the sample identification number. 

The sample also will be identified with the following information: Name and 

contact information of the producer; producer hemp license number; date of 

sample; and lot. 

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Idaho State Department of 

Agriculture 

Testing Protocol for Delta-9 

Tetrahydrocannabinol (THC) 

Concentration in Hemp 
Contents 

Purpose: ........................................................................................................................................................ 3 

Scope:............................................................................................................................................................ 3 

Summary or Practice:.................................................................................................................................... 4 

General Guidelines:....................................................................................................................................... 5 

Sample Preparation Guidelines: ................................................................................................................... 5 

Testing Guidelines:........................................................................................................................................ 6 

Testing Methods: .......................................................................................................................................... 6 

Test Results Exceeding 0.3% THC Concentration:......................................................................................... 7 

Information Sharing: ..................................................................................................................................... 7 

Testing Remediated Hemp Samples: ............................................................................................................ 8 

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Purpose: 

1. Standard testing procedures are specified for samples taken in accordance with the 

Sampling Procedures for the Idaho State Department Hemp Program (ISDA) to measure 

the total delta-9 tetrahydrocannabinol (THC) concentration levels of samples on a dry 

weight basis. 

2. The results are intended to measure the total THC concentration of composite hemp 

samples collected from a lot of hemp licensed by the ISDA as required under the ISDA 

Hemp Rule. The purpose of the measurements is to determine whether the total THC 

concentration of the tested material is within the acceptable hemp THC level. 

Scope: 

1. Hemp grown under ISDA’s approved hemp production plan is subject to sampling and 

compliance testing for THC concentration. 

2. Tests shall measure the total THC concentration in a sample submitted to an accepted 

laboratory for analysis. The laboratory will perform chemical analysis on the sample 

using post-decarboxylation or a similarly reliable method which considers the potential 

to convert delta-9-tetrahydrocannabinolic acid (THCA) into THC. 

3. The total delta-9 tetrahydrocannabinol concentration level shall be determined and 

reported on a dry weight basis. 

4. Laboratories shall calculate and include the Measurement of Uncertainty (MU) when 

reporting total THC concentration test results. Measurement of uncertainty is defined as 

the parameter, associated with the result of a measurement, that characterizes the 

dispersion of the values that could reasonably be attributed to the particular quantity 

subject to measurement. ISDA does not establish or standardize an upper or lower 

boundary for general use by laboratories to calculate a measurement of uncertainty. 

MU is not standardized typically but rather is controlled using test methods controlled 

by performance standards (e.g., AOAC Standard Method Performance Requirements 

2019.003 that can be found at https://www.aoac.org/resources/smpr-2019003/). 

5. Accepted laboratories are defined in IDAPA 02.01.06. 

6. After December 31, 2022, laboratories approved for THC testing must also be registered 

with DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 

CFR part 1301.13. 

7. It is the responsibility of the licensed producer to pay any fees associated with testing or 

retesting. 

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Summary or Practice: 

1. As required under the Department’s Hemp Rule, laboratories that analyze hemp to 

determine total delta-9 tetrahydrocannabinol THC shall meet the following standards: 

a. Laboratory quality assurance protocols must ensure the validity and reliability of 

test results; 

b. Analytical method selection, validation, and verification protocols must ensure 

that the testing method used is appropriate (fit for purpose) and that the 

laboratory can successfully perform the testing; 

c. Protocols for demonstrating testing validity must ensure consistent, accurate 

analytical performance; 

d. Method performance specifications must ensure analytical tests are sufficiently 

sensitive for the purposes of the detectability requirements of this part; 

e. Testing protocols must include an effective disposal procedure, in accordance 

with USDA guidelines and Idaho law, for non-compliant samples that do not 

meet the requirements of the Department’s Hemp Rule.

f. Measurement of uncertainty (MU) must be estimated and reported with test 

results. Laboratories shall use appropriate, validated methods and procedures 

for all testing activities and evaluate measurement of uncertainty. 

g. Sample preparation of pre- or post-harvest samples shall require grinding of the 

sample to ensure homogeneity of plant material prior to testing. 

h. At a minimum, analytical testing of samples for total delta-9 

tetrahydrocannabinol concentration levels must use post-decarboxylation or 

other similarly reliable methods. The testing methodology must consider the 

potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into 

delta-9 tetrahydrocannabinol (THC), and the test result must reflect the total 

available THC derived from the sum of the THC and THCA content. Current 

testing methodologies meeting these requirements include gas chromatography 

and liquid chromatography. Other methods may be approved if they meet the 

regulatory requirements. 

i. The total delta-9 tetrahydrocannabinol concentration level shall be determined 

and reported on a dry weight basis. 

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2. Laboratories should create an internal SOP specific to testing and retesting hemp and 

should have the SOP available upon request for inspection. 

General Guidelines: 

General sample preparation and testing procedures shall be conducted as follows: 

1. Laboratory receives sample. 

2. Dry sample to remove the majority of water. 

3. Grind entire sample including leaves, seeds, twigs, and stems. 

4. Separate sample into “Test” and “Retain” specimens.

a. Package and store the “Retain” specimen(s) until needed.

5. Analyze the “Test” specimen.

6. Determine moisture content or dry to a consistent weight. 

7. Perform chemical analysis. 

8. Calculate total THC concentration on a dry weight basis. Test results shall be reported 

on a dry weight basis. 

Sample Preparation Guidelines: 

Samples will be prepared for testing as follows: 

1. Once the composite sample is received by the laboratory, the laboratory will dry the 

composite sample until brittle in a manner that maintains the THC level of sample. 

2. If it is not possible to dry the composite sample within 24 hours from the time of sample 

arrival, the sample should be held in a freezer at approximate -20°C (-4°F) or lower until 

the sample is dried. 

3. After the initial drying step, the laboratory will grind the entire sample including leaves, 

seeds, twigs, and stems using centrifugal rotor mill or other method as appropriate. All 

samples received will be ground, regardless of whether they consist of the initial intact 

material or “remediated” (shredded or blended) material, as allowed under the 

Department’s Hemp Rule. 

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4. The laboratory will create both a Test Specimen and a Retain Specimen for reanalysis 

and/or confirmation as needed. One sample part should be selected for analysis and 

labeled 'Test Specimen. The other sample part should be marked Retain Specimen and 

should be packaged and stored in a secured place. The testing laboratory internal SOP 

should define the sample size and distribution of Test Specimen and Retain Specimen. 

5. Samples will be stored in secured locations, in appropriate containers (e.g., bottles, 

tubes, vials, etc.). 

6. The laboratory will then either determine moisture content or dry the test specimen to 

a consistent weight. Samples must be dried to a consistent loss (typically 5- 12% 

moisture content) so that the test can be performed on a dry weight basis, meaning the 

percentage of THC by weight, after excluding moisture from the sample. The moisture 

content is expressed as the ratio of the amount of moisture in the sample to the amount 

of dry solid in the sample. 

a. The sample can be dried to a consistent weight to remove all water and then be 

tested on a dry weight basis. If the sample is not to be extracted immediately 

after drying, it should be stored in a desiccator. 

b. Alternatively, the sample can be analyzed for moisture content and this moisture 

content can be factored into the total THC result to give a dry weight basis. 

7. Extraction of the sample must occur as soon as possible from the time of sample arrival. 

Testing Guidelines: 

1. The laboratory will perform chemical analysis on the sample using post-decarboxylation 

or other similarly reliable methods where the total THC concentration level considers 

the potential to convert THCA into THC. 

2. Testing methodologies meeting these requirements include those using gas 

chromatography and liquid chromatography. 

3. The laboratory will then calculate total THC concentration on a dry weight basis. 

Testing Methods: 

1. The total available THC, derived from the sum of the THC and THCA content, shall be 

determined and reported on a dry weight basis. 

2. Laboratories shall use appropriate, validated methods and procedures for all testing 

activities and shall evaluate measurement of uncertainty. 

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3. Laboratories should meet the AOAC International standard method performance 

requirements for Quantitation of Cannabinoids in Plant Materials of Hemp (Low THC 

Varieties Cannabis sp.) (SMPR 2019.003) for selecting an appropriate method. 

4. The range of estimated uncertainty is reported as a ± value and is the same unit as the 

hemp THC threshold (e.g. +/- 0.05), following best practices for significant figures and 

rounding. 

Test Results Exceeding 0.3% THC Concentration: 

1. Any sample test result where the total THC concentration of the sample is higher than 

the acceptable hemp THC level shall be conclusive evidence that one or more cannabis 

plants or plant products from the lot represented by the sample contain a THC 

concentration in excess of that allowed under the Department’s Hemp Rule. 

a. If the results of a test conclude that the THC concentration levels of a sample are 

higher than the acceptable hemp THC level, the laboratory will promptly notify 

the producer, the Department and the USDA. 

2. Retest Procedures: 

a. Any hemp program licensee may request that the laboratory retest samples if it 

is believed the original THC concentration level test results were in error. 

b. If this occurs, the laboratory shall follow the same procedures as to conduct the 

initial test. 

c. The licensee requesting the retest of the second sample will pay the cost of the 

test. 

d. The retest results shall be issued to the licensee requesting the retest, and a 

copy shall be provided to ISDA. 

Information Sharing: 

1. Laboratories performing THC testing for official compliance purposes of this program 

are required to share test results with the licensed producer and the Department. 

Laboratories shall report all test results, whether passing or failing, to USDA using AMS 

Form 22 available here: 

https://www.ams.usda.gov/rulesregulations/hemp/information-laboratories. 

2. Laboratories shall indicate that a test result is for official compliance purposes on lab 

testing results for compliance purposes. Laboratories shall not mark test results for 

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monitoring of THC levels throughout the growing season as for official compliance 

purposes. Laboratories shall retain a legible copy for inspection upon request of all test 

results for official compliance purposes for a period of three (3) years from date of 

analysis. 

3. Laboratories may provide test results to licensed producers in whatever manner best 

aligns with their business practices, but producers must be able to produce a legible 

copy of test results upon request for inspection purposes. For this reason, providing test 

results to producers through a web portal or through electronic mail, so the producer 

will have ready access to print the results when needed, is preferred. 

4. Results of testing conducted throughout the growing season for the purposes of 

monitoring THC concentration should not be submitted to the Department. Only the 

official test result for compliance testing purposes shall be submitted to the 

Department. 

Testing Remediated Hemp Samples: 

1. Licensees may remediate hemp following an initial failed test by shredding plant 

material in a product called biomass. In this instance, laboratories will receive samples 

of remediated biomass material for retesting. 

2. For remediated testing, the laboratory shall follow the same procedures used to 

conduct an initial test, as described in this document. 

3. For remediated testing, the laboratory shall follow the same reporting requirements as 

described in this document. A licensee must maintain a legible copy of the remediated 

test results, available for inspection, for a period of three years from receipt of the 

testing results provided by the laboratory. Therefore, laboratories are encouraged to 

provide such documentation to licensees. 

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Idaho State Department of 

Agriculture 

Remediation and Disposal Protocol for 

Hemp 
Contents 

Purpose: ........................................................................................................................................................ 3 

Scope:............................................................................................................................................................ 3 

Summary or Practice:.................................................................................................................................... 3 

General Guidelines:....................................................................................................................................... 4 

Equipment and Supplies: .............................................................................................................................. 5 

Remediation Guidelines:............................................................................................................................... 6 

Re-Sampling Remediated Biomass: .............................................................................................................. 7 

Disposal Guidelines:...................................................................................................................................... 8 

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Purpose: 

1. Standard Remediation and Disposal Protocols are specified for all indoor and outdoor 

production of hemp. 

2. Remediation refers to any process by which non-compliant hemp (THC concentration > 

0.3%) is rendered compliant (THC concentration ≤ 0.3%). Remediation can be achieved 

by separating and destroying non-compliant flowers while retaining stalks, leaves, and 

seeds; or by shredding the entire hemp plant to create a homogenous “biomass” that

can be retested for THC compliance. 

3. Disposal means destroying non-compliant hemp using one of the approved on-farm 

methods. Approved methods include plowing under, mulching / composting, disking, 

bush mowing, deep burial, and burning. 

Scope: 

1. A lot shall be subject to remediation or disposal when a sample from the lot tests over 

the acceptable hemp THC level according to laboratory results obtained through ISDA 

sampling and testing protocols. 

2. Lots that test above the acceptable hemp THC level shall be subject to either 

remediation or disposal. 

3. Samples must be collected by ISDA. 

4. It is the responsibility of the licensed producer to pay any fees associated with 

resampling, remediation, and/or disposal. 

5. Producers must verify disposal or remediation by submitting required documentation in 

accordance with 7 CFR §990.27 and the Department’s Hemp Rule. All records regarding 

disposal and remediation of all hemp plants shall be made available for inspection 

during reasonable business hours. 

6. Laboratories shall have an effective disposal procedure as part of an internal SOP for 

non-compliant samples. 

Summary or Practice: 

1. This practice provides procedures for ensuring the disposal or remediation of noncompliant hemp. When a hemp sample tests over the acceptable THC concentration 

level, all cannabis plants in the lot shall either be remediated to bring the lot under the 

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acceptable THC concentration level, or all cannabis plants shall be disposed of through 

an approved method. Both remediation and disposal shall be performed by the licensee. 

2. Upon notification that a lot has tested above the acceptable hemp THC level, the 

licensee shall notify ISDA of the licensee’s decision to either destroy or remediate the

non-compliant lot in accordance with ISDA protocols. 

3. Non-compliant hemp plants may be remediated by separating and destroying noncompliant flowers, while retaining stalks, leaves, and seeds. 

4. Non-compliant hemp plants may be remediated by shredding the entire hemp plant to 

create “biomass.” All flowers, buds, trichomes, leaves, stalks, seed, and all plant parts 

from a lot will be chopped or shredded in such a way as to create a homogenous, 

uniform blend of the lot called “biomass.” Lots shall be kept separate and not be 

combined during this process. This biomass shall be resampled and retested to ensure 

the biomass material tests within an acceptable THC concentration level before it may 

enter the stream of commerce in accordance with the Department’s Hemp Rule. If the 

biomass tests above the acceptable THC concentration level, it is non-compliant hemp 

and must be destroyed through one of the disposal options provided herein. 

5. Disposal means destroying non-compliant hemp by performing any one or combination 

of the following on-farm activities: plowing under, mulching / composting, disking, bush 

mowing, deep burial, and burning. 

a. A licensee shall ensure burn permits are obtained where necessary and 

applicable burn restrictions are followed. 

General Guidelines: 

General Sample Preparation and Testing Protocol will be conducted as follows: 

1. Laboratory receives sample. 

2. Dry sample to remove the majority of water. 

3. Grind entire sample including leaves, seeds, twigs, and stems. 

4. Separate sample into “Test” and “Retain” specimens.

a. Package and store the “Retain” specimen(s) until needed.

5. Analyze the “Test” specimen.

6. Determine moisture content or dry to a consistent weight. 

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7. Perform chemical analysis. 

8. Calculate total THC concentration on a dry weight basis. Test results will be reported on 

a dry weight basis. 

Equipment and Supplies: 

1. Equipment for Remediation: 

a. Gloves 

b. Shears, clippers, scissors, shredding equipment (to remove non-compliant 

flowers from stalks) 

c. Stripping, shredding, or mulching equipment 

d. Large plastic bags or other containers to store shredded biomass 

e. The bags and containers are be made from material known to be free from THC 

f. Marking and labeling equipment (to mark and label hemp lots for remediation 

from other lots) 

2. Equipment for Disposal: 

a. Plow or tractor (for plowing, mulching, composting, disking, bush mowing, deep 

burial) 

b. Composter (for composting) 

c. A burn area and fire equipment (for burning non-compliant lots) 

3. Equipment for Resampling: 

a. Disposable gloves – Nitrile 

b. Scoop with long handle (cleaned prior to and following each sample) 

c. Bag to store resample 

d. Permanent markers 

e. The bags are be made from material known to be free from THC 

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f. A 750 mL or similar measuring instrument (cleaned prior to and following each 

sample) 

Remediation Guidelines: 

1. The licensee or their designated employee shall remediate or destroy non-compliant 

hemp in accordance with the Department’s Hemp Rule and USDA’s Final Hemp Rule.

ISDA may be present during the remediation or disposal process. 

2. If the licensee chooses to remediate the non-compliant lot, the licensee shall select 

either to separate and remove all flowers from stalks, leaves and seeds of the lot or to 

shred the entire lot into “biomass.”

3. Separation and removal of the flowers from stalks, leaves and seeds: 

a. The flowers, including buds, trichomes, “trim,” and “kief,” will be removed from 

the lot and destroyed. Methods may include, but are not limited to, the removal, 

by hand, of non-compliant flowers and floral materials and the mechanical 

removal of non-compliant flowers and floral materials. 

b. Until such time as the non-compliant flowers and floral material are disposed of, 

the stalks, leaves, and seeds will be separated from the non-compliant floral 

material and clearly labeled and demarcated as “hemp for remediation

purposes.”

c. Seeds removed from non-compliant hemp during remediation will not be used 

for propagative purposes. 

4. Creation of Biomass 

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a. The entire lot, as reported to ISDA, shall be shredded to create a homogenous, 

uniform biomass. Methods may include, but are not limited to, the shredding of 

hemp plants through shredders, composters, or specialty mechanical equipment. 

b. The biomass created through this process shall be resampled and retested to 

ensure compliance before entering the stream of commerce in accordance with 

the Department’s Hemp Rule and USDA’s Final Hemp Rule. Biomass that fails the 

retesting is non-compliant hemp and shall be destroyed. 

c. Remediated biomass will be separated from any compliant hemp stored in the 

area and clearly labeled and demarcated as “hemp for remediation purposes.” 

All lots subject to remediation should be stored, labeled and demarcated apart 

from each other and from other compliant hemp lots stored or held nearby. 

d. Remediated biomass will not leave the labeled and demarcated area until a test 

result showing compliance with the acceptable hemp THC level is received or 

until the biomass will be destroyed. 

Re-Sampling Remediated Biomass: 

1. Remediated biomass shall be resampled and retested to ensure compliance before 

entering the stream of commerce in accordance with the Department’s Hemp Rule and 

USDA’s Final Hemp Rule. Biomass that fails the retesting shall be destroyed. 

2. The resample shall be taken by ISDA as described in the ISDA Hemp Production Preharvest Sampling Protocols. 

3. A representative sample of the biomass will be taken for compliance purposes. When 

taking the resample, ISDA shall take biomass material from various depths, locations, 

and containers in the labeled and demarcated area to collect a representative sample of 

October 2021 7 | P a g e 
the material. At minimum, ~750 mL or three (3) standard measuring cups of biomass 

material should be collected. Sampling agents may collect more biomass material based 

on the requirements of the testing laboratory. If ~750 mL of material is not available, 

ISDA shall collect enough biomass material for a representative sample. 

4. An original copy of the resample test results, or a legible copy, will be retained by the 

licensee or an authorized representative and available for inspection for a period of 

three (3) years from the date of receipt. 

5. Laboratories testing a resample should utilize the same testing protocols as when 

testing a standard sample as described in the ISDA Hemp Lab Testing Protocols. 

Disposal Guidelines: 

Photo Example Ag Production 

Activity 

Compliant 

Outcome 

Photo Example 

Plowing Under 

Curved plow 

blades rotate 

subsoil to 

surface and 

bury crop 

below 

Plowing Under 

“Green

Manure”

Amends soil 

directly from 

crop 

Mulching / Mulching / 

Composting Composting 

Fields crops cut “Green

and blended Manure”

with manure or Mulch mixed 

other biomass with manure or 

material other biomass 

Disking 

Leveling of 

field using towbehind disk 

implement 

Disking 

“Green

Manure”

Amends soil 

directly from 

crop while 

leveling 

 

 

 

 

 

 

 

 

 

 

 

 

Bush Mower / Bush Mower / 

Chopper Chopper 

Lawn mower “Green

used to shred Manure”

and mix thick Shredded 

vegetation biomass 

decomposes 

into soil 

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Burning* Burning 

Setting fire to Fields are 

specific cleared of all 

production plant material 

fields or 

biomatter piled 

on the field 

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BRAD LITTLE, GOVERNOR 

CELIA GOULD, DIRECTOR 

Idaho State Department of Agriculture 

P.O. Box 7249 • Boise, Idaho 83707 

P: 208.332.8500 • F: 208.334.2170

www.agri.idaho.gov 

Idaho State Hemp Plan 

Certification of Resources 

Consistent with the USDA Final Hemp Rule, 7 CFR Part 990, the Idaho State Department of Agriculture has 

the resources and personnel to carry out required hemp program enforcement and procedures. 

Under Idaho’s new hemp law, the ISDA received ongoing funding to start a hemp program within the 

Department. Additionally, the new law created a designated hemp fund for ongoing and new funding. 

Additional fees to sustain a hemp program have been established in the Department’s administrative Hemp 

Rule. 

Sincerely, 

Celia Gould 

Director