This week's substance use-related legislative updates in a nutshell:
  • Two new House Bills were introduced involving marijuana and hemp.
  • One new Senate Bill (S1087) was introduced involving tobacco.
  • House Bills No. 38, 39, 40, and 83 were reported our of their Senate Committees with Do Pass Recommendations.
New Introduced Legislation
House Bill No. 108

Summary - H0108, also known as the Sergeant Kitzhaber Medical Cannabis Act, amends and adds to existing law to authorize the possession, distribution, transportation, and use of cannabis for medical purposes, to impose an excise tax on medical cannabis and medical cannabis devices, and to provide that marijuana and tetrahydrocannabinols or synthetic equivalents are Schedule II controlled substances.

Statement of Purpose - This legislation would provide for a regulated system of medically recommended cannabis and would move cannabis a schedule 1 to a schedule 2 controlled substance under Idaho code. Patients who are 21 or older with certain defined diagnoses, including cancer, ALS, AIDS, wasting syndrome, Crohn’s disease, epilepsy, multiple sclerosis, debilitating seizures, and terminal illness, would be eligible to be approved by a qualifying medical practitioner to apply for a medical cannabis card. The full statement of purpose is too long to include in the update, we recommend you read it here.

Status - H0108 was introduced on February 9 and referred to the House Health & Welfare Committee on February 10.

House Bill No. 126

Summary - Amends and adds to existing law to establish provisions regarding industrial hemp.

Statement of Purpose - The purpose of this legislation is to legalize the production, processing, research, and transportation of industrial hemp in the state. Industrial hemp is now legal in 49 states, two territories, and more than 40 tribal areas. This legislation will allow Idaho farmers the opportunity to produce industrial hemp if they so choose.

Status - H0126 was introduced on February 11.

Senate Bill No. 1087

Summary - Amends existing law to raise the age of legal possession and use of tobacco products and electronic smoking devices to 21.

Statement of Purpose - The purpose of this legislation is to ensure uniform laws on the sale of tobacco products and electronic cigarettes across the state by preventing local authorities from implementing varying regulations that are more restrictive than state law.

Status - S1087 was introduced on February 10 and referred to the Senate State Affairs Committee on February 11.

Updates on Previously Introduced Legislation
House Bill No. 38
  • Topic - Telehealth Access
  • Status - Reported out of Senate Health & Welfare Committee with Do Pass Recommendation on February 11.
  • Full bill information.

House Bill No. 39
  • Topic - Controlled Substances
  • Status - Reported out of Senate Health & Welfare Committee with Do Pass Recommendation on February 11.
  • Full bill information.

House Bill No. 40
  • Topic - Idaho Pharmacy Act
  • Status - Reported out of Senate Health & Welfare Committee with Do Pass Recommendation on February 11.
  • Full bill information.

House Bill No. 83
  • Topic - Appropriations, Health and Welfare, Behavioral Health Services
  • Status - Read third time in full and placed before the House for final consideration on February 8. AYES 68, NAYS 2, ABSENT 0. Bill APPROVED and transmitted to the Senate. Introduced in the Senate. Referred to the Finance Committee on February 9. Reported out of Committee with Do Pass Recommendation. Filed for a second reading on February 10. Read second time and filed for third reading on February 11.
  • Full bill information.
Have feedback, thoughts, or questions? Email me at jessie.dexter@odp.idaho.gov
Sincerely,

Jessie Dexter
Governor's Office of Drug Policy
Idaho Office of Drug Policy | odp.idaho.gov