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Senate Bill 1241 — Hemp

Senate Bill 1241 — Hemp

Lindsay Atkinson
January 24, 2020

Bill description: SB 1241 would remove hemp from the definition of marijuana and exempt it from the list of Schedule I controlled substances.

Rating: +2

Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market? 

SB 1241 amends the definition of marijuana to not include hemp. The bill defines hemp separately as “the plant Cannabis sativa L. and any part of that plant … with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Through SB 1241, hemp would become a substance exempt from the state’s list of Schedule I controlled substances. 

Since hemp currently falls under the definition of marijuana, anyone who manufactures or distributes it must register with the state, as is the case with all Schedule I controlled substances. Under SB 1241, manufacturing or distributing hemp would not subject a person or business to the registration requirement.


Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non- violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes? 

Since SB 1241 establishes that hemp is different than marijuana, and exempts it from the list of Schedule I controlled substances, it will no longer be a felony to manufacture or deliver hemp without registration under Section 37-2732, Idaho Code. 


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