TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 29

IDAHO STATE POLICE

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

(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, P.L. 115-334.

(c)  "Hemp" or "industrial hemp" means the plant 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 delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, as defined in the 2018 farm bill.

(d)  "Peace officer" has the same meaning as provided in section 19-5101, Idaho Code.

(e)  "Transporter" means any person, individual, partnership, corporation, association, grower, farmer, producer, or any other entity engaged in hauling, transporting, delivering, or otherwise moving hemp in interstate or intrastate commerce.

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

(2)  Any rule formulated and recommended by the Idaho state police or the Idaho state department of agriculture regarding the interstate or intrastate transportation of hemp by a transporter or vehicle hauling industrial 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 proposes to regulate an activity not regulated by the federal government is subject to the following additional requirements: the notice of proposed rulemaking and rulemaking record requirements under chapter 52, title 67, Idaho 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 regulations or regulate an activity not regulated by the federal government and delineate which portions of the proposed rule are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government. Such rules must be promulgated and adopted through the negotiated rulemaking process.

(3)  When a transporter or vehicle hauling industrial hemp pursuant to a license under the provisions of the 2014 farm bill, the 2018 farm bill, or 7 CFR 990.1 et seq., is lawfully detained by a peace officer, the transporter 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 990.1 et seq. The peace officer may randomly select reasonably sized samples not to exceed twenty (20) grams per sampling event for each unique lot, package, or identified quantity and retain them for future off-sight testing. Transporters are not entitled to compensation for these de minimis samples. The length of the detention must be only as long as reasonably necessary to effectuate inspection, sampling, and weighing of industrial hemp.

(4)  Industrial hemp samples are subject to analysis in a manner consistent with the 2018 farm bill and 7 CFR 990.1 et seq. to determine the total delta-9 tetrahydrocannabinol (THC) concentration, including all tetrahydrocannabinolic acid (THCA). Industrial hemp samples not in compliance with the 2018 farm bill and 7 CFR 990.1 et seq. may subject the transporter to criminal penalties for marijuana under chapter 27, title 37, Idaho Code.

(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 the 2014 farm bill, the 2018 farm bill, or 7 CFR 990.1 et seq., except when lawfully engaged in transporting industrial hemp on behalf of and at the direction of the licensee.

(6)  Penalties.

(a)  Any person who pleads guilty to or is found guilty of a violation of subsection (5) of this section for the first time is guilty of a misdemeanor and is subject to a fine of no more than one hundred fifty dollars ($150).

(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 five (5) years of the first conviction is guilty of a misdemeanor and is subject to a fine of no more than three hundred dollars ($300).

(c)  Any person who pleads guilty to or is found guilty of a violation of 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 misdemeanor, punishable by a fine of no more than one thousand dollars ($1,000), or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.

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

(7)  When a substance transported and tested pursuant to this section fails to meet the definition of industrial hemp set forth in this section because the test results demonstrate that the substance has a delta-9 tetrahydrocannabinol concentration greater than three-tenths of one percent (0.3%) on a dry weight basis, nothing in this section otherwise inhibits or restricts any peace officer from enforcing the provisions of chapter 27, title 37, Idaho Code.

(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 of delta-9 tetrahydrocannabinol concentration and is not derived from the prohibited parts of the marijuana plant, as provided in section 37-2701(t), Idaho Code.

(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 section.

History:

[67-2921, added 2021, ch. 242, sec. 4, p. 749.]