Bottles of hemp-derived extracts labeled CBD oil are on display at the Lucky's Market on Oct. 6, 2017, in Boulder, Colorado. With the legality of hemp-derived extracts put into question by some government entities, notably the DEA, Boulder's Lucky's Market has gone all-in with a line of CBD-rich products across its 25 stores. (Vince Chandler, The Denver Post)

Inside the wild Idaho Senate hearing that killed CBD legalization — and possibly broke open meetings laws

BOISE, Idaho — A proposal to legalize oil extracted from cannabis plants is likely dead for the year after a group of lawmakers on Monday broke out in turmoil during a last-minute attempt to advance the bill.

Republican Sen. Tony Potts asked the Senate Health and Welfare Committee to give HB 577 a hearing after supporters of the bill said they were being blocked by legislative leaders.

“I think we have to remember that we represent people, people who vote for us, people who are our friends,” Potts said, who was appointed to the Idaho Falls’ legislative seat in October. “If you’re constituents are anything like mine, there is a large amount of individuals who desire the health benefits of this (CBD oil).”

UPDATE: Idaho Senate vacates vote that killed CBD legalization bill for open meeting law violation

Cannabidiol, otherwise known as CBD oil, comes from cannabis but contain little or no THC. Supporters tout CBDs as a supplement that can help alleviate pain, reduce stress and improve skin health, although there’s little data on whether they work or what kind of side effects they might have.

Under HB 577, Idahoans seeking to use the oil for medical purposes for themselves or their minor children would have to apply to the Idaho Board of Pharmacy for a cannabidiol registration card.

While Potts defended his motion — which focused on his recent child’s seizures and why his family would want to use the product — he was quickly gaveled down by Chairman Lee Heider.

“If anyone on this committee wants to talk about this, they can do so in my office,” Heider said.

The majority of the panel then headed toward Heider’s office to discuss Potts’ motion.

Heider denied a request by The Associated Press, who followed lawmakers into the office, to sit in on the meeting.
Yells could be heard from multiple members inside Heider’s office.

“The governor’s office doesn’t want this bill, the prosecutors don’t want this bill, the office on drug policy doesn’t want this bill,” Heider said, who could be heard shouting to his members by the AP on the other side of the door.

Idaho lawmakers passed legislation in 2015 that would have allowed children with severe forms of epilepsy to use CBD oil.

That bill was vetoed by Republican Gov. C.L. “Butch” Otter, who received pressure from law enforcement groups that feared it would lead to further loosening of the state’s drug laws. Otter has since said his position has not changed in the past three years.

Heider also warned Potts that his motion was unusual and should not have been made. Other lawmakers could be heard defending the legislative process, while others argued to allow Potts’ motion to be debated.

The committee only broke up after being warned by a reporter that their actions were breaking the state’s Open Meeting Law.

According to Senate rules, “all meetings of any standing, select, or special committee shall be open to the public at all times.”

Once broken up, members returned to the public committee room and a separate motion was made to hold HB 577 in committee — a legislative procedure essentially halting the bill from moving forward.

“The concern with the motion that I have, it doesn’t get it where we need to be,” Potts said, before voting against the action.

Potts’ concerns were overruled by other members on the committee via a voice vote and HB 577 will likely not advance this legislative session.

The measure had already cleared the House with a veto-proof majority.

Currently, 18 states allow use of “low THC, high cannabidiol (CBD)” products for medical reasons in limited situations or as a legal defense.

Learn more about cannabidiol in The Cannabist’s Special Report:

Part I – Forbidden medicine: Caught between a doctor’s CBD advice and federal laws

Part II – How advocates are inspiring congressional action on CBD legalization

Part III – With DEA digging in its heels on “marijuana extracts,” legality of CBD oil on trial in federal courts

Part IV – CBD research is going to the dogs in quest to legitimize pet products

Part V – CBD on the international stage: WHO committee delving into science, control status of cannabis compound

Part VI – Race for CBD medication breakthrough: Is pharma firm’s boon the hemp industry’s doom?

Part VII – Cannabinoids on local grocery shelves, but for how long?

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