Frequently Asked Questions

You may click on each category for an expanded view of commonly asked questions.

 

 

ISDA Hemp Application and License Program

Question: I am clicking on the hemp license application link, but nothing is happening.

Please ensure your pop up blocker is disabled on your web browser. If problems continue to persist please try a different web browser.

 

Question: I’m having issues paying my invoice, what do I do?

If you have logged out after generating your invoice, you may use the portal HERE to make a payment. Input the invoice number into the portal field using the invoice number on the original invoice you generated on your view my business page.

 

 Question: How long will it take my application to get approved?

The application processing is ongoing. You will receive an automated message with an update and directions regarding the status to your application.

 

Question: Is there a limit on how many licenses will issued for producers and handlers?

Currently ISDA does not have a cap on how many licenses will be issued.

 

Question: What happens if my application is rejected?

Contact ISDA to obtain more information regarding your application.

 

Question: Can I apply for a producers and handlers license?

Yes, you may apply for both types of licenses.

 

Question: Can I hire convicted felons to work for me?

You are free to employ individuals within your business/operation in accordance with the Idaho Labor Laws. Individuals that have been convicted of a felony related to a controlled substance under federal law or the law of any state may not, before the tenth anniversary of the date of the conviction, hold a license, be a key participant, or be a governing person of a business that holds a license.

 

Question: I am not located in Idaho, can I apply for a license with ISDA?

The Idaho State Department of Agriculture (ISDA) will not be accepting applications or issuing licenses to residents, operations, or businesses outside of the state of Idaho. However, if you are an out of state resident, operation, or business with hemp fields or facilities located within the state of Idaho then you are required to be licensed with ISDA.

 

Question: Are there any lists of certified seed or a list of hemp seed suppliers?

The Idaho State Department of Agriculture (ISDA) will not be generating or publishing a list. Individuals are responsible for sourcing their own propagative material.

 

Question: Do I need a license to retail CBD?

ISDA is not requiring licenses for retailers. Please refer to section 37-2701 of the Idaho Code for additional information. As a reminder, CBD must have zero percent (0%) THC in Idaho.

ISDA Licensing Requirements

Question: Do I have to have a lab picked when I fill out my application?

No, you may add a lab to your application at a later time. Licensees must have an agreement or contract in place with a lab prior to requesting sampling. 

 

Question: Do I have to have a background check completed before applying for a license?

Yes, an applicant and any key participants must include in the application a fingerprint background check completed no more than sixty days before the application submission.

 

Question: Can I fail my application if my map information is not clear or legible?

Yes, ISDA requires a map in the provided example format.  Any map presented in a different format than the example provided could result in your application being denied.

 

Question: How long is my license valid for?

A license is valid from January 1 until December 31 of each year, except for a license issued as a result of a late application which is valid from date of issuance until December 31 of that year. Licenses will not be prorated for late applications.

 

Question: What is a Key Participant, and who needs to be included on an application?

A key participant is someone who has direct or indirect financial interest in the entity producing hemp, such as an owner or partner in a partnership. A key participant also includes persons in a corporate entity at executive levels. All key participants must be added to the application upon applying. All other farm or facility employees do not need to be included on the application unless they meet the definition of a key participant.

 

Question: Do I need to carry my license on me when moving, distributing or manufacturing hemp?

Although it’s not required, we strongly encourage you to carry your hemp license on you when conducting any activity with hemp plants or plant material.

 

Question: Do I need a license if I only want to grow a couple of plants or for my own personal use, such as for compost?

Yes. Anyone intending to cultivate hemp in the state of Idaho must apply and possess a Producer License issued from the Idaho State Department of Agriculture (ISDA). 

 

Question: I am a member of research and extension, am I required to have a license?

Yes. Research and extension are required to possess a valid license. Please contact ISDA for additional information.

 

Question: Does an out of state operation have to have an Idaho license to sell hemp in Idaho?

No, as long as you are licensed through USDA or a state or tribe program, ISDA will recognize your license.

 

Question: I am an out of state seed dealer, can I sell hemp seed in Idaho?

You are permitted to sell seed in Idaho as long as you possess a valid license from your state or tribe program or USDA. In addition, you will want to check with the ISDA seed lab to determine if you are required to possess a seed dealer’s license.

 

Question: What do I need to do if I want to sell plants through my whole sale nursery?

If you are growing plants to be sold through wholesale you are required to possess both a producer and handlers license. In addition, you will be required to undergo regulatory sampling and inspections prior to distribution of any plants. Nurseries are also required to be licensed with the ISDA Plants Division.

 

Question: Will ISDA be producing a list of acceptable pesticide products for use on hemp?

The Idaho State Department of Agriculture (ISDA) will not be generating or publishing a list of pesticides approved for use on hemp in Idaho. ISDA does not generate nor publish a list of registered products for any commodity in Idaho.

Licensed Handler Requirements

Question: Can I purchase hemp or hemp bi-products from out of state to process at my facility?

Yes, as long as you and the operation you are purchasing from are both licensed and the product meets the requirements.

 

Question: Is a manufacturer that uses a hemp ingredient, such as an extract, in the manufacturing of finished products required to have a handlers license?

If I am not using hemp plant material and purchasing extract from a processor and adding it to finished products, do I need a handlers license?

Yes, the handler would be required to obtain a hemp handler license from ISDA. “Industrial hemp” or “hemp” means the plant species 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.

 

Question: What happens if the product in my handling facility is over 0% THC?

Handling facilities may obtain hemp from a producer with up to 0.3% THC. However, upon manufacturing, all hemp products must be at 0% THC at the point of distribution. Any manufactured hemp products that cannot reach 0% THC must be destroyed or be subject to law enforcement.

 

Question: Can I manufacture hemp products in Idaho for distribution outside of Idaho with less than 0.3% THC but greater than 0% THC?

No. As a licensed handler in Idaho, all manufactured hemp products must be 0% THC in the state of Idaho, including products for out of state distribution. Any level exceeding 0% THC in manufactured hemp products is subject to law enforcement.

Licensed Producer Requirements

Question: Is there a minimum or a maximum amount of square feet or acreage I need to grow in order to get a Producers License?

There are no limitations on the amount of square footage or acreage someone needs to produce industrial hemp. Applicants may produce any amount of acreage or square footage for their farm/operation as long as the square footage and/or acreage has been approved by ISDA and the applicant has been licensed.

 

Question: Do I have to have my soil tested before growing hemp?

ISDA does not require any testing of the soil prior to obtaining a license. Buyers may require soil tests for pesticide residues or heavy metals.

 

Question: I requested sampling, now what?

ISDA personnel will collect samples of each lot no more than thirty days prior to the hemp being harvested. Hemp may be harvested once the samples have been collected as long as it does not exceed thirty days from when the sample was collected by ISDA. If more than thirty days occurs before harvest, producers must request additional sampling before proceeding with the next step. No hemp may be transferred or enter the stream of commerce until the license holder is notified by ISDA that the hemp lot sampled and tested is compliant with an acceptable THC level.

 

Question: Where can I find hemp seed or transplants to grow?

Individuals are responsible for sourcing their own propagative material.

 

Question: Where can I send my hemp to once I harvest?

Individuals are responsible for sourcing their own manufacturing or distribution in or out of state.

 

Question: Who do I contact for sampling?

Producers can request sampling by logging into their account and selecting the lots requiring sampling. ISDA will then coordinate sampling with the primary Key Participant.

 

Question: Is there any limitation as to what varieties of industrial hemp an applicant can produce?

There are no limitations on varieties grown in Idaho and varieties must be listed on the Producers application. Once approved by ISDA and the applicant has been licensed, Producers may grow the variety listed on application.

Lab Information

Question: How do I get my lab added to your list?

The ISDA does not endorse any labs. Labs listed on the website are accredited labs strictly for producers and handlers reference. This list was derived from the United States Department of Agriculture (USDA). Labs included on the list possess DEA and ISO 17025 accreditation. If your lab holds these accreditations please contact ISDA. Important reminder, labs conducting official analysis will be required to be DEA and ISO 17025 accredited as of  December 31st, 2023.

 

Question: Are labs in Idaho required to be licensed?

If the lab is located in the state of Idaho, a lab must possess a handlers license from ISDA.

 

Question: How do I start a lab to test hemp?

Any laboratory testing hemp for THC concentration must be registered with the Drug Enforcement Administration to handle controlled substances. Additionally, labs are required to maintain an ISO 17025 accreditation. Idaho labs must also have a handlers license issued by ISDA. For information regarding hemp testing laboratories, please visit our hemp resources page for helpful links and information.

 

Question: Does my lab need a license if I am pulling my own reference sample for analysis?

If the lab is located in the state of Idaho, a lab must possess a handlers license from ISDA. If you are working with a lab out of state, please ensure they have all their required documentation in place. ISDA encourages self-monitoring of industrial hemp crops prior to official regulatory sampling.

Manufactured Products and Human and Animal Food Products

Question: Can I make or sell manufactured hemp food products (including hemp derived beverages) with less than 0.3% THC in Idaho?

Other then industrial hemp plant material during production, THC is illegal in Idaho, and in all manufactured hemp products. The only products allowable for food manufacturing are hulled hemp seed, hemp seed protein powder and hemp seed oil. Other than these three hemp seed ingredients, no other cannabis or cannabis-derived ingredients are allowable for use in food for humans. 

 

Question: Can I manufacture hemp products in Idaho for distribution outside of Idaho with less than 0.3% THC but greater than 0% THC?

As a licensed handler in Idaho, all manufactured hemp products must be 0.0% THC in the state of Idaho including products for out of state distribution. Any level exceeding 0% THC in manufactured hemp products is subject to law enforcement.

 

Question: Can I grow hemp microgreens for consumption?

If you are growing microgreens you must possess a producers license and grow within the acceptable THC level. You can only sell the microgreens to a handler or manufacturer out of state. All microgreens would be subject to regulatory sampling prior to distribution. Product cannot be distributed until the lab results have been returned.

 

Question: I want to use hemp products in my livestock feed, do I need a license to do so?

Idaho state law does not recognize the use of hemp derivatives in food for animal consumption. The Idaho State Department of Agriculture follows the Food and Drug Administration (FDA) and the Association of American Feed Control Officials (AAFCO) guidelines on recognizing the use of hemp and hemp products in animal feed as illegal.

Public Information and Requests

Question: Where can I find information on current and previous years hemp producers, handlers, and acres planted?

Current and previous years hemp licensees can be located here.

 

Question: Can I get detailed information on current or previous years hemp producers or handlers?

Under Idaho law, the Idaho State Department of Agriculture (ISDA) cannot release mailing or telephone lists. Specifically, Idaho Code Section 74-120 provides that:

In order to protect the privacy of those who deal with public agencies or an independent public body corporate and politic:

 

                (a)  No agency or independent public body corporate and politic may distribute or sell for use as a mailing list or a telephone number list any list of persons without first securing the permission of those on the list; and

 

                (b)  No list of persons prepared by the agency or independent public body corporate and politic may be used as a mailing list or a telephone number list except by the agency or independent public body corporate and politic or another agency without first securing the permission of those on the list.

 

I.C. § 74-120(1).  Any person who deliberately and in bad faith uses a list provided under Subsection (b), above as a mailing or telephone list is subject to a civil penalty in an amount up to $1,000.  I.C. § 74-120(11).

 

Question: Can I get additional information regarding hemp licensees, such as individual acres planted?

Any information that is not available on our website would require a public records request. A public records request can be emailed to:publicrecordrequest@isda.idaho.gov .