Idaho Marijuana Laws

Idaho’s marijuana laws are more restrictive than federal law. Both recreational and medical marijuana is illegal here, with the exception of prescribed Epidiolex. The state permits use of CBD, made from mature cannabis stalks or sterilized seeds, that contains no THC. Possessing three ounces or less of marijuana is a misdemeanor offense with up to one year in jail and $1,000 fine.

Idaho marijuana laws
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It is illegal in Idaho to possess, sell, deliver, or cultivate marijuana for any purpose, including medical uses. There is no decriminalization, so all cannabis offenses are treated as crimes.

Possession

Possession of any amount of marijuana for any reason is a misdemeanor if the amount is 3 ounces or less. The maximum penalty is 1 year in jail and $1,000 in fines. If the amount is between 3 ounces and 1 pound, the offense is a felony and the top penalty is 5 years in prison and $10,000 in fines.

Any possession of more than 1 pound of cannabis or 25 plants is treated as possession with intent to supply, a felony punishable by up to 5 years in prison and $50,000 in fines. Possession of between 1 and 5 pounds or 25 and 50 plants carries a mandatory minimum sentence of 1 year in jail and a potential fine of $50,000. If the weight is between 5 and 25 pounds or 50 and 100 plants, the mandatory minimum sentence is 3 years in prison and fines of $50,000 are possible. And if the weight is greater than 25 pounds or 100 plants, the minimum is 5 years in prison and fines of up to $50,000 are payable.

Any possession of marijuana with intent to distribute is punishable by up to 5 years in prison and $5,000 in fines where the possession occurs in the presence of a minor under age 18.

Offense Penalty Incarceration Max. Fine

Personal Use

3 oz or less Misdemeanor 1 year $ 1,000
3 oz – 1 lb Felony 5 years $ 10,000

With intent to distribute

1 – 5 lbs or 25 – 50 plants Felony 1 year* $ 50,000
5 – 25 lbs or 50 – 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 5,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.

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Sale and Delivery

Any sale or delivery of cannabis is a felony in Idaho. Sale or delivery of any amount greater than 1 pound or 25 plants is punishable by up to 5 years in prison and $50,000 in fines.

If the amount is between 1 and 5 pounds or 25 and 50 plants, a mandatory minimum sentence of 1 year in jail and a fine of up to $50,000 applies. If the weight is between 5 and 25 pounds or 50 and 100 plants, the penalty is 3 years in prison plus up to $50,000 in fines. For amounts greater than 25 pounds or 100 plants, the mandatory minimum is 5 years in prison and fines of up to $50,000 are possible.

Sale or delivery of any amount of marijuana in the presence of a minor under age 18 carries a maximum sentence of 5 years in prison and a top fine of $50,000.

Offense Penalty Incarceration Max. Fine
1 – 5 lbs or 25 – 50 plants Felony 1 year* $ 50,000
5 – 25 lbs or 50 – 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 50,000
* Mandatory minimum sentence

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Cultivation

It is a felony to grow any amount of marijuana in Idaho. Cultivation of more than 1 pound or 25 plants is punishable by up to 5 years in prison and $50,000 in fines.

Where the amount is between 1 and 5 pounds or 25 and 50 plants, there is a mandatory minimum sentence of 1 year in jail. The minimum increases to 3 years on offenses involving between 5 and 25 pounds or 50 and 100 plants. For amounts greater than 25 pounds or 100 plants, the minimum is 5 years in prison.

Cultivation of cannabis in the presence of a minor under 18 carries a top penalty of 5 years in prison and $50,000 in fines.

Offense Penalty Incarceration Max. Fine
1 – 5 lbs or 25 – 50 plants Felony 1 year* $ 50,000
5 – 25 lbs or 50 – 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 50,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.

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Hash and Concentrates

Penalties for possession, sale, delivery, and manufacture of hashish and other cannabis concentrates are the same as those for marijuana flower.

Offense Penalty Incarceration Max. Fine
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

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Paraphernalia

It is a misdemeanor in Idaho to possess or use drug paraphernalia unless it is intended, marketed, and used only for legal purposes. The maximum penalty is 1 year in jail and a fine of $1,000. Making or selling marijuana paraphernalia is a felony punishable by up to 9 years in prison and $30,000 in fines.

Offense Penalty Incarceration Max. Fine
Use or possession of paraphernalia Misdemeanor 1 year $ 1,000
Manufacture or sale of paraphernalia Felony 9 years $ 30,000

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Miscellaneous

Public use or intoxication is a misdemeanor in Idaho and is punishable by as many as six months in jail and as much as $1,000 in fines. Even proximity to cannabis can lead to conviction: Presence at a site where the drug is grown or stored is a misdemeanor with a top penalty of 3 months in jail and $300 in fines.

Forfeiture
Vehicles and other property may be seized.

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Offense Penalty Incarceration Max. Fine
Use or intoxication in public Misdemeanor 6 months $ 1,000
Presence at location where marijuana is cultivated or stored Misdemeanor 3 months $ 300
Maintaining a structure used for selling or storing marijuana Misdemeanor 1 year $ 25,000
Possession of marijuana and under the age of 18 will result in driver’s license revocation for a period of not more than 1 year.

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Medical Marijuana

MEDICAL MARIJUANA

CBD oil is not yet legal in Idaho. A bill which would have allowed parents to possess up to 32 fluid ounces of liquid cannabidiol oil for the treatment of seizure disorders was vetoed by Gov. Butch Otter in 2015.

The governor has said he will issue an executive order requiring the state’s Department of Health and Welfare to study the efficacy of CBD oil on the treatment of epilepsy.

 

QUALIFYING CONDITIONS:
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PATIENT POSSESSION LIMITS:
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HOME CULTIVATION:
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STATE-LICENSED DISPENSARIES:
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CAREGIVERS:
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RECIPROCITY:
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Marijuana Attorney Directory

Idaho Marijuana Attorneys

The following Idaho lawyers are actively involved in the practice of cannabis law:

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