Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
771
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
INDUSTRIAL
HEMP;
AMENDING
CHAPTER
17,
TITLE
22,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
SECTION
22
-
1708,
IDAHO
CODE,
TO
ESTABLISH
PROVI
-
3
SIONS
REGARDING
RETAIL
SALE
OF
INDUSTRIAL
HEMP
PRODUCTS;
AND
DECLARING
4
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
17,
Title
22,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
22
-
1708,
Idaho
Code,
and
to
read
as
follows:
9
22
-
1708.
RETAIL
SALE
OF
INDUSTRIAL
HEMP
PRODUCTS.
(1)
No
cannabi
-
10
noids,
naturally
or
synthetically
derived,
except
naturally
derived
1
1
cannabidiol,
shall
be
allowed
in
consumable
or
personal
use
products
within
12
the
state
of
Idaho.
13
(2)
Any
retail
store
within
the
state
of
Idaho
that
sells
hemp
prod
-
14
ucts
shall
obtain
a
license
from
the
Idaho
department
of
agriculture.
Li
-
15
censes
shall
be
valid
for
one
(1)
year.
The
annual
license
fee
shall
be
six
16
hundred
dollars
($600).
The
department
may
issue
a
single
license
that
cov
-
17
ers
multiple
retail
store
locations
owned,
operated,
or
controlled
by
a
per
-
18
son.
Each
additional
store
covered
by
a
single
license
shall
be
subject
to
a
19
twenty
-
five
dollar
($25.00)
fee.
20
(3)
The
department
may
conduct
inspections
to
ensure
compliance
is
21
maintained
with
applicable
state
and
federal
laws
and
regulations
and
the
22
state
hemp
plan.
During
an
inspection,
the
department
may
randomly
select
23
reasonably
sized
samples
from
the
retail
store
for
future
off
-
site
test
-
24
ing.
The
license
holder
may
request
a
retest
of
the
original
sample
within
25
five
(5)
days
from
the
date
the
license
holder
receives
the
result
of
the
26
first
test.
The
licensee
shall
bear
the
full
cost
of
laboratory
testing
and
27
retesting.
28
(4)
Any
person
who
violates
or
fails
to
comply
with
the
provisions
of
29
this
section
or
any
rules
promulgated
pursuant
to
this
section
may
be
as
-
30
sessed
a
civil
penalty
by
the
department
or
its
duly
authorized
agent
of
not
31
more
than
ten
thousand
dollars
($10,000)
for
each
offense
and
shall
be
liable
32
for
reasonable
attorney's
fees.
Assessment
of
a
civil
penalty
may
be
made
33
in
conjunction
with
any
other
department
administrative
action.
No
civil
34
penalty
may
be
assessed
unless
the
person
was
given
notice
and
opportunity
35
for
a
hearing
pursuant
to
the
Idaho
administrative
procedure
act,
chapter
36
52,
title
67,
Idaho
Code.
37
(5)
The
department
may
promulgate
rules,
subject
to
legislative
38
approval,
through
a
negotiated
rulemaking
process
to
effectuate
the
provi
-
39
sions
of
this
section.
40
2
(6)
Nothing
in
this
section
shall
be
construed
to
limit,
restrict,
or
1
otherwise
impede
the
authority
of
state
or
local
law
enforcement
to
investi
-
2
gate
or
enforce
any
provision
of
Idaho
law.
3
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
4
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
5
July
1,
2026.
6