Amends existing law to provide for the sale of hemp products intended for human ingestion or inhalation.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 879
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO INDUSTRIAL HEMP; AMENDING SECTION 22-1705, IDAHO CODE, TO RE-	2
VISE PROVISIONS REGARDING THE PRODUCTION, PROCESSING, TRANSPORTATION,	3
AND RESEARCH OF INDUSTRIAL HEMP; AND DECLARING AN EMERGENCY AND PROVID-	4
ING AN EFFECTIVE DATE.	5
Be It Enacted by the Legislature of the State of Idaho:	6
SECTION 1. That Section 22-1705, Idaho Code, be, and the same is hereby	7
amended to read as follows:	8
22-1705. PRODUCTION, PROCESSING, TRANSPORTATION, AND RESEARCH OF IN-	9
DUSTRIAL HEMP AUTHORIZED. (1) Production, processing, transportation, and	10
research of industrial hemp are subject to the rules promulgated under this	11
chapter, the state plan, and the 2018 farm bill and the rules promulgated	12
thereunder.	13
(2) The director must expeditiously promulgate rules that are compli-	14
ant with the 2018 farm bill in time to allow for the production, processing,	15
transportation, and research of industrial hemp in Idaho under the state	16
plan beginning with the spring 2022 growing season of industrial hemp. Any	17
rule formulated and recommended by the Idaho state department of agricul-	18
ture regarding the production, processing, transportation, or research of	19
industrial hemp that is broader in scope or more stringent than federal law	20
or regulations as outlined in the 2018 farm bill or that proposes to regu-	21
late an activity not regulated by the federal government is subject to the	22
following additional requirements: the notice of proposed rulemaking and	23
rulemaking record requirements under chapter 52, title 67, Idaho Code, must	24
clearly specify that the proposed rule, or portions of the proposed rule,	25
are broader in scope or more stringent than federal law or regulations or	26
regulate an activity not regulated by the federal government and delineate	27
which portions of the proposed rule are broader in scope or more stringent	28
than federal law or regulations or regulate an activity not regulated by the	29
federal government.	30
(3) Once a state plan is accepted by the secretary of agriculture, the	31
production, processing, transportation, and research of industrial hemp in	32
Idaho will also be subject to the state plan.	33
(4) Establishments offering hemp products intended for human ingestion	34
or inhalation, excluding nonviable hulled hemp seed, hemp seed protein pow-	35
der, or hemp seed oil, shall be subject to the provisions of this chapter.	36
Such hemp products shall meet the criteria provided by sections 37-2701(u)	37
and 37-2705(d)(29)(i), Idaho Code.	38
(4) (5) The department is authorized to promulgate rules establishing	39
fees and penalties for violations associated with the provisions of this	40
chapter.	41

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(5) (6) No penalty may be imposed against a person unless the person was	1
given notice and opportunity for a hearing pursuant to the Idaho administra-	2
tive procedure act, chapter 52, title 67, Idaho Code. A person against whom	3
the department has assessed a penalty under this chapter or the rules pro-	4
mulgated pursuant to this chapter may, within thirty (30) days of the final	5
agency action making the assessment, appeal the assessment to the district	6
court of the county in which the violation is alleged to have occurred.	7
(6) (7) Notwithstanding any provision of this chapter:	8
(a) Rules promulgated under this chapter must be adopted through the	9
negotiated rulemaking process; and	10
(b) The transportation of industrial hemp in interstate commerce may	11
continue subject to the provisions of section 67-2921, Idaho Code.	12
SECTION 2. An emergency existing therefor, which emergency is hereby	13
declared to exist, this act shall be in full force and effect on and after	14
July 1, 2026.	15

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