Idaho Marijuana Laws

Idaho is one of the most intolerant states when it comes to marijuana policy. Cannabis for any purpose is still outlawed in the state, even for patients suffering from debilitating conditions.

Recreational Marijuana in Idaho

Recreational marijuana is strictly illegal in Idaho. Possession of less than 3 ounces of marijuana is considered a misdemeanor, punishable by 1-year incarceration and $1,000 in fine. Sale or possession of anything more than 3 oz. is charged as a felony, with prison terms ranging from 1 year to 15 years and fines as high as $50,000. There are also minimum mandatory sentences of up to 5 years if a person is caught selling or distributing marijuana.

First time offenders can avoid jail time and fines if they plead guilty to their drug related offense. This conditional pardon often comes with 100 hours of community service.

Medical Marijuana in Idaho

Medical marijuana is completely illegal in Idaho. Patients found in possession of cannabis are penalized the same as recreational marijuana users. In 2013, the Idaho Legislature went so far as to pass a resolution stating that marijuana should not be legalized for any purpose, including medical use.

The Idaho Legislature did pass Senate Bill 1146 in 2015 to legalize cannabidiol oil and authorize its use for several medical conditions, but Gov. C.L. “Butch” Otter vetoed the bill.

Consumption of CBD from Hemp Oil in Idaho

Even though marijuana is illegal in Idaho, consumers can still legally purchase cannabidiol (CBD) that is derived from hemp. While federal law considers all parts of the cannabis sativa plant to be ‘marijuana’ (and therefore illegal), the mature stalks of the hemp and the oil produced from its seeds are not illegal and available to purchase and use in all 50 U.S. states.

Cultivation of Cannabis in Idaho

The cultivation of cannabis, for either medical or non-medical purposes, is illegal in Idaho. Growing up to 25 plants leads to prison time of 5 years and a $15,000 fine, where as anything more than this can even lead to 15 years in jail with $50,000 in fines.


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