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Is Weed Legal In Idaho? (Idaho Marijuana Laws)

Is Weed Legal In Idaho - Idaho Marijuana Laws - Is Marijuana Legal In Idaho - Idaho Weed Laws

Is weed legal in Idaho?

This article is going to cover:

  • Idaho marijuana laws
  • legalization of recreational marijuana
  • medical marijuana legalization
  • House and Senate Bills for Idaho weed laws
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Is Weed Legal In Idaho?

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:

  • medical marijuana
  • recreational marijuana legalization
  • CBD oils with ANY THC content

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.

Idaho Weed Laws

Let’s look at the different types of Idaho weed laws per their controlled substances act.

OffensePenaltiesJail TimeMax Fines
Possession
Up to 3 ouncesMisdemeanor1 year$1,000
3 oz - 1 lbFelony5 years$10,000
Sale Or Distribution
1 lb - 5 lbsFelony15 years$50,000
5 lbs - 25 lbsFelony15 years$50,000
25+ lbsFelony15 years $50,000
Cultivation
Up to 24 plantsFelony5 years$15,000
25 - 50 plantsFelony15 years$50,000
50 - 100 plantsFelony15 years$50,000
100+ plantsFelony15 years $50,000
Hash & THC Concentrates
Up to 3 ouncesMisdemeanor1 year$1,000
3 oz - 1 lbFelony5 years$10,000
1 lb - 5 lbsFelony15 years$50,000
5 lbs - 25 lbsFelony15 years$50,000
25+ lbsFelony15 years $50,000
Paraphernalia
PossessionMisdemeanor1 year$1,000
Manufacturing or SellingFelony9 years$30,000

Cannabis Possession Laws

These are the marijuana laws for personal possession of marijuana.

Possessing up to 3 ounces of marijuana is a misdemeanor with:

  • up to 1 year in jail
  • up to $1,000 in fines

Possessing 3 ounces – 1 lb is a felony with:

  • up to 5 years in jail
  • up to $10,000 in fines

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 Marijuana In Idaho

Selling any amount of marijuana in the state of Idaho is a felony.

Selling 1 – 5 lbs is a felony with:

  • mandatory 1 year of jail time
  • up to 15 years in jail
  • mandatory $5,000 in fines
  • up to $50,000 in fines

Selling 5 – 25 lbs is a felony with:

  • mandatory 3 years of jail time
  • up to 15 years in jail
  • mandatory $10,000 in fines
  • up to $50,000 in fines

Selling 25+ lbs is a felony with:

  • mandatory 5 years of jail time
  • up to 15 years in jail
  • mandatory $15,000 in fines
  • up to $50,000 in fines

Cannabis Cultivation Laws

The punishment for growing cannabis in Idaho gets based on the number of plants.

Growing up to 24 plants is a felony with:

  • up to 5 years in jail
  • up to $15,000 in fines

Growing 25 -50 plants is a felony with:

  • mandatory 1 year of jail time
  • up to 15 years in jail
  • mandatory $5,000 in fines
  • up to $50,000 in fines

Growing 50 – 100 plants is a felony with:

  • mandatory 3 years of jail time
  • up to 15 years in jail
  • mandatory $10,000 in fines
  • up to $50,000 in fines

Growing 100+ plants is a felony with:

  • mandatory 5 years of jail time
  • up to 15 years in jail
  • mandatory $15,000 in fines
  • up to $50,000 in fines

Possession Of Hash And THC Concentrates

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:

  • up to 1 year in jail
  • up to $1,000 in fines

Possessing 3 ounces – 1 lb is a felony with:

  • up to 5 years in jail
  • up to $10,000 in fines

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:

  • mandatory 1 year of jail time
  • up to 15 years in jail
  • mandatory $5,000 in fines
  • up to $50,000 in fines

Selling 5 – 25 lbs is a felony with:

  • mandatory 3 years of jail time
  • up to 15 years in jail
  • mandatory $10,000 in fines
  • up to $50,000 in fines

Selling 25+ lbs is a felony with:

  • mandatory 5 years of jail time
  • up to 15 years in jail
  • mandatory $15,000 in fines
  • up to $50,000 in fines

Cannabis Paraphernalia

Possession is a misdemeanor with:

  • up to 1 year in jail
  • up to $1,000 in fines

Manufacturing or selling is a felony with:

  • up to 9 years in jail
  • up to $30,000 in fines

Other Weed Laws In Idaho

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:

  • up to 6 months in jail
  • up to a $1,000 fine

Being at the location where marijuana is grown or stored is a misdemeanor with:

  • up to 3 months in jail
  • up to a $300 fine

Maintaining a structure that’s used for growing or storing wee is a felony with:

  • up to 9 years in jail
  • up to $30,000 in fines

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.

Idaho Marijuana Decriminalization

Possession or marijuana use has not gotten decriminalized in Idaho.

Idaho law still criminalizes any amount of cannabis use or possession.

Is Marijuana Legal In Idaho?

This section is covering whether weed is legal in Idaho for:

  • recreational use
  • medical use

Is Recreational Weed Legal In Idaho?

Is weed legal in Idaho for recreational marijuana use?

No, recreational marijuana is NOT legal in Idaho.

Is Medical Marijuana 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.

Marijuana Legalization Bills For Idaho

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:

  • 2012 – insufficient signatures
  • 2014 – insufficient signatures
  • 2016 – the attempt was withdrawn
  • 2018 – the attempt was withdrawn
  • 2020 – suspended due to the pandemic

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

2014 - Senate Bill 1146a

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.

2019 - Hemp Executive Order

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.

2021 - Senate Bill 1017

This Senate bill removed Epidiolex from Idaho’s Schedule V listing.

And it limited the THC content to 0.1% for Idahoans.

2022 - House Bill 126

This House Bill 126 legalized:

  • the production of hemp
  • the transportation of hemp
  • the processing of hemp
  • the research on hemp

This bill allows hemp with up to 0.3% THC content as defined in the 2018 Farm Bill.

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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.