Shawn Breyer
Is weed legal in Idaho?
This article is going to cover:
Weed is not legal in Idaho for recreational use.
And weed is not legal in Idaho for medical use either.
The marijuana laws on cannabis prohibition are some of the most strict in the U.S.
Republican Gov. Brad Little strongly opposes:
Boise lawmakers tried passing a constitutional amendment in Idaho in 2021.
That would outlaw marijuana legalization in response to Montana legalizing it.
In 2022, the State Supreme Court overruled a law getting passed by Gov Brad Little.
He tried requiring ballot initiatives to get approval from 6% of voters in 35 districts.
The State Supreme Court deemed this unconstitutional.
Let’s look at the different types of Idaho weed laws per their controlled substances act.
| Offense | Penalties | Jail Time | Max Fines |
|---|---|---|---|
| Possession | |||
| Up to 3 ounces | Misdemeanor | 1 year | $1,000 |
| 3 oz - 1 lb | Felony | 5 years | $10,000 |
| Sale Or Distribution | |||
| 1 lb - 5 lbs | Felony | 15 years | $50,000 |
| 5 lbs - 25 lbs | Felony | 15 years | $50,000 |
| 25+ lbs | Felony | 15 years | $50,000 |
| Cultivation | |||
| Up to 24 plants | Felony | 5 years | $15,000 |
| 25 - 50 plants | Felony | 15 years | $50,000 |
| 50 - 100 plants | Felony | 15 years | $50,000 |
| 100+ plants | Felony | 15 years | $50,000 |
| Hash & THC Concentrates | |||
| Up to 3 ounces | Misdemeanor | 1 year | $1,000 |
| 3 oz - 1 lb | Felony | 5 years | $10,000 |
| 1 lb - 5 lbs | Felony | 15 years | $50,000 |
| 5 lbs - 25 lbs | Felony | 15 years | $50,000 |
| 25+ lbs | Felony | 15 years | $50,000 |
| Paraphernalia | |||
| Possession | Misdemeanor | 1 year | $1,000 |
| Manufacturing or Selling | Felony | 9 years | $30,000 |
These are the marijuana laws for personal possession of marijuana.
Possessing up to 3 ounces of marijuana is a misdemeanor with:
Possessing 3 ounces – 1 lb is a felony with:
Let’s say you possess 1+ lbs of marijuana.
Idaho lawmakers automatically assume you have intent to sell weed.
So, Idahoans possessing these amounts get mandatory jail times.
And these amounts fall under the “Intent To Sell” category.
Related: How Many People Are In Jail For Weed
Selling any amount of marijuana in the state of Idaho is a felony.
Selling 1 – 5 lbs is a felony with:
Selling 5 – 25 lbs is a felony with:
Selling 25+ lbs is a felony with:
The punishment for growing cannabis in Idaho gets based on the number of plants.
Growing up to 24 plants is a felony with:
Growing 25 -50 plants is a felony with:
Growing 50 – 100 plants is a felony with:
Growing 100+ plants is a felony with:
Adult use of hash is illegal in Idaho.
The penalties for hash are the same for marijuana in Idaho.
Possessing up to 3 ounces of hash is a misdemeanor with:
Possessing 3 ounces – 1 lb is a felony with:
Possessing 1+ lbs of hash is automatically considered “intent to sell.”
Selling any amount of hash in the state of Idaho is a felony.
Selling 1 – 5 lbs is a felony with:
Selling 5 – 25 lbs is a felony with:
Selling 25+ lbs is a felony with:
Possession is a misdemeanor with:
Manufacturing or selling is a felony with:
Let’s look at some other Idaho laws surrounding marijuana use and possession.
Using or being under the influence of weed is a misdemeanor with:
Being at the location where marijuana is grown or stored is a misdemeanor with:
Maintaining a structure that’s used for growing or storing wee is a felony with:
Vehicles involved in any conviction can get seized by law enforcement.
And anyone 18+ years of age can get their license suspended for up to a year.
Possession or marijuana use has not gotten decriminalized in Idaho.
Idaho law still criminalizes any amount of cannabis use or possession.
This section is covering whether weed is legal in Idaho for:
Is weed legal in Idaho for recreational marijuana use?
No, recreational marijuana is NOT legal in Idaho.
Is weed legal in Idaho for medical use?
No, weed is NOT legal in Idaho for medical use.
The only thing Idaho allows is cannabidiols with 0% THC.
Even though Federal Laws allow any CBD with up to 0.3% THC.
These are Idaho’s weed legalization bills.
Idaho legislature has resisted marijuana legalization at every turn.
Ballot initiatives for medical marijuana have gotten pushed in:
None of them have gotten the required amount of signatures.
Idaho requires signatures from 6% of legal voters in each of the state’s 18 legislative districts.
Cannabis legalization does not seem to be likely in the near future.
State legislatures are unlikely to pass medical cannabis or legal marijuana use for adults.
Related: Marijuana Legality By State
This ballot initiative would have allowed cannabidiols under the Idaho code.
It would have allowed parents and guardians to bring CBD oil into the state.
And it would have allowed children with epilepsy to use CBD oils with less than 0.3% THC.
This Senate bill passed the Idaho legislature.
But got vetoed by Republican Gov. Butch Otter.
Republican Gov. Butch Otter’s goal was to allow children with epilepsy to use Epidiolex.
Epidiolex is an FDA-approved CBD oil.
This is the only form of legal cannabis in Idaho.
This executive order came after the passing of the 2018 Farm Bill.
Republican Gov. Brad Little signed this executive order.
It allowed hemp made in other states to pass through the state.
This Senate bill removed Epidiolex from Idaho’s Schedule V listing.
And it limited the THC content to 0.1% for Idahoans.
This House Bill 126 legalized:
This bill allows hemp with up to 0.3% THC content as defined in the 2018 Farm Bill.
If you’re interested in what states weed is legal in, here’s a list of all the states.
Disclaimer: These codes may not be the most recent version. There may be more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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