Amends and adds to existing law to provide for the sale of industrial hemp products.

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 ACT1 RELATING TO INDUSTRIAL HEMP; AMENDING CHAPTER 17, TITLE 22, IDAHO CODE, BY2 THE ADDITION OF A NEW SECTION 22-1708, IDAHO CODE, TO ESTABLISH PROVI-3 SIONS REGARDING RETAIL SALE OF INDUSTRIAL HEMP PRODUCTS; AND DECLARING4 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 is7 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 derived11 cannabidiol, shall be allowed in consumable or personal use products within12 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 six16 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 a19 twenty-five dollar ($25.00) fee.20 (3) The department may conduct inspections to ensure compliance is21 maintained with applicable state and federal laws and regulations and the22 state hemp plan. During an inspection, the department may randomly select23 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 within25 five (5) days from the date the license holder receives the result of the26 first test. The licensee shall bear the full cost of laboratory testing and27 retesting.28 (4) Any person who violates or fails to comply with the provisions of29 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 not31 more than ten thousand dollars ($10,000) for each offense and shall be liable32 for reasonable attorney's fees. Assessment of a civil penalty may be made33 in conjunction with any other department administrative action. No civil34 penalty may be assessed unless the person was given notice and opportunity35 for a hearing pursuant to the Idaho administrative procedure act, chapter36 52, title 67, Idaho Code.37 (5) The department may promulgate rules, subject to legislative38 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, or1 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 hereby4 declared to exist, this act shall be in full force and effect on and after5 July 1, 2026.6