INDUSTRIAL HEMP – 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
1
1
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

2
(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
1
1
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