Bill Description: House Bill 879 would say that establishments offering hemp products for sale are subject to the regulations and potential fees under Idaho’s Industrial Hemp Research and Development Act.
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Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?
House Bill 879 would amend Section 22-1705, Idaho Code, which is part of Idaho’s Industrial Hemp Research and Development Act, to add a new subsection applicable to establishments offering hemp products for sale.
It would say, “Establishments offering hemp products intended for human ingestion or inhalation, excluding nonviable hulled hemp seed, hemp seed protein powder, or hemp seed oil, shall be subject to the provisions of this chapter. Such hemp products shall meet the criteria provided by sections 37-2701(u) and 37-2705(d)(29)(i), Idaho Code.”
The referenced code sections address prohibitions on the sale of products containing more than trace amounts of THC.
There is very little in the statutory language of Idaho’s Industrial Hemp Research and Development Act that would apply to retail sales. Still, the act grants the Idaho State Department of Agriculture (ISDA) rulemaking authority, which appears to be the bill's purpose.
The bill’s fiscal note points out that the bill itself doesn’t assign fees, but that future fees can be established through negotiated rule-making and that “any future established fees would go to a dedicated fund within ISDA to cover the cost of enforcement.”
The bill’s purpose (or at least its likely outcome) will be to establish a path for the ISDA to create fees and increase enforcement through rule, rather than through law.
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