Amends existing law to provide for negligent violations.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 772 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO INDUSTRIAL HEMP; AMENDING SECTION 22-1705, IDAHO CODE, TO ES-2 TABLISH WHEN NEGLIGENT VIOLATIONS OCCUR; AND DECLARING AN EMERGENCY AND3 PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 22-1705, Idaho Code, be, and the same is hereby6 amended to read as follows:7 22-1705. PRODUCTION, PROCESSING, TRANSPORTATION, AND RESEARCH OF IN-8 DUSTRIAL HEMP AUTHORIZED. (1) Production, processing, transportation, and9 research of industrial hemp are subject to the rules promulgated under this10 chapter, the state plan, and the 2018 farm bill and the rules promulgated11 thereunder.12 (2) The director must expeditiously promulgate rules that are compli-13 ant with the 2018 farm bill in time to allow for the production, processing,14 transportation, and research of industrial hemp in Idaho under the state15 plan beginning with the spring 2022 growing season of industrial hemp. Any16 rule formulated and recommended by the Idaho state department of agricul-17 ture regarding the production, processing, transportation, or research of18 industrial hemp that is broader in scope or more stringent than federal law19 or regulations as outlined in the 2018 farm bill or that proposes to regu-20 late an activity not regulated by the federal government is subject to the21 following additional requirements: the notice of proposed rulemaking and22 rulemaking record requirements under chapter 52, title 67, Idaho Code, must23 clearly specify that the proposed rule, or portions of the proposed rule,24 are broader in scope or more stringent than federal law or regulations or25 regulate an activity not regulated by the federal government and delineate26 which portions of the proposed rule are broader in scope or more stringent27 than federal law or regulations or regulate an activity not regulated by the28 federal government.29 (3) Once a state plan is accepted by the secretary of agriculture, the30 production, processing, transportation, and research of industrial hemp in31 Idaho will also be subject to the state plan.32 (4) The department is authorized to promulgate rules establishing fees33 and penalties for violations associated with the provisions of this chapter.34 (5) No penalty may be imposed against a person unless the person was35 given notice and opportunity for a hearing pursuant to the Idaho administra-36 tive procedure act, chapter 52, title 67, Idaho Code. A person against whom37 the department has assessed a penalty under this chapter or the rules pro-38 mulgated pursuant to this chapter may, within thirty (30) days of the final39 agency action making the assessment, appeal the assessment to the district40 court of the county in which the violation is alleged to have occurred.41 (6) Notwithstanding any provision of this chapter:42

2 (a) Rules promulgated under this chapter must be adopted through the1 negotiated rulemaking process; and2 (b) The transportation of industrial hemp in interstate commerce may3 continue subject to the provisions of section 67-2921, Idaho Code.4 (7) Hemp producers do not commit a negligent violation if:5 (a) The hemp is produced for the sole purpose of producing grain or6 fiber;7 (b) The hemp producer has made reasonable efforts to grow hemp within8 the acceptable hemp THC level, as defined by rule, and in accordance9 with Idaho statutes, rules, and the state hemp plan; and10 (c) The hemp does not have a total THC, as defined by rule, concentra-11 tion of more than one percent (1%) on a dry weight basis.12

SECTION 2. An emergency existing therefor, which emergency is hereby13 declared to exist, this act shall be in full force and effect on and after14 July 1, 2026.15