If Hemp Is Illegal In Idaho, How Are All Those Products For Sale In Stores?

The FDA approved the drug Epidiolex, which contains CBD, for the treatment of epilepsy. Devinsky led the Epidiolex studies and told the Times that the drug's impact on patients was "not miraculous."

CBD shops open around state, but not in Garden City Some CBD oil products contain trace amounts or more of THC. The farm bill legalized hemp plants containing less than .3 percent THC, much less less than marijuana, so CBD made from hemp -- not marijuana -- is legal in many states.

But not Idaho.

Pocatello police obtained a sample of CBD oil that was being sold at a local business last year and had it tested at the Idaho state crime lab -- and it was found to contain THC, according to the Idaho State Journal.

Business owner Katrina Evans was not charged, and she has since resumed selling CBD oil. She told the State Journal that she bought hemp chocolate milk and seeds from WinCo, and hemp oil from Walmart.

"If they can sell, why can't we?" she said. "Why am I being singled out?"

CBD shops opened in Sandpoint and Idaho Falls last year.

A Garden City entrepreneur was held up in opening his shop due to skepticism by city officials that CBD oil can be totally THC-free, the Statesman reported last year. The city decided it wouldn't grant permits to the business until it could be sure that its oils did not contain illegal substances.

That never happened.

"The reason we never issued a permit is because the applicant never verified the product contained no THC," Mayor John Evans said Thursday. "The bottom line for us was that I wasn't willing to violate state law by permitting something that had THC in it. We offered to test the product."

Twin Falls Prosecutor Grant Loebs said the biggest market is for the CBD oil.

"All these other things [products] are very minor concerns," he said. "We do pay attention. There are things on store shelves that look like they're probably not legal -- those are things that they will buy and test. If we found it had THC, we would take it off the shelves."

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