Cannabis leave with red negation circle

Both recreational and medical marijuana are illegal in Idaho. Read on to learn more about Idaho's current marijuana laws.

Cannabis Products Legal to Purchase in California

What you need to know about Marijuana Laws in Idaho

  • Both recreational and medical marijuana are illegal in the state of Idaho
  • Possession of less than three ounces of marijuana is a misdemeanor and could result in one year in jail and up to $1,000 in fines
  • Possession of over three ounces of marijuana is a felony that could lead to five years in jail and up to $10,000 in fines
  • Growing marijuana in the state of Idaho is illegal and violators face jail time based on the total weight of their plants with a minimum mandatory sentence of 1 year in prison
  • In Idaho, there is only one brand of CBD allowed for medical use, Epidiolex

Marijuana Legislation in Idaho

Despite support for the legalization of medical marijuana by its citizens, the Idaho legislature remains strongly opposed to medical legalization. Rather than proposing legislation to legalize the use of medical or recreational marijuana, the Idaho legislators are looking to ensure it does not become legal in the state.

In February 2021, Senator Cecil Scott Grow proposed an amendment to the state’s constitution that would ban the legalization of any federal Schedule 1 or Schedule 2 drug, including marijuana. Fortunately the amendment was five votes short of the two-thirds majority it needed. The amendment was supported by most Republican legislators but did not receive support from a single Democratic member. After the amendment failed, Idaho’s Governor Brad Little signed legislation that would make it more difficult to get marijuana legalization referendums or initiatives on the ballot for voters to decide.

Marijuana Fines and Penalties in Idaho

Possession up to 3 ounces: Penalties for first-time offenders possessing marijuana are a misdemeanor and include a $1,000 fine and up to a year in jail.

Possession over 3 ounces: Penalties for possessing over three ounces include fines up to $10,000 and up to five years in jail. Possession of over three ounces of marijuana in Idaho is a felony.

Sale and Cultivation of Marijuana: A felony punishable anywhere from one to five or more years along with fines ranging from $50,000-$1,000,000; penalties escalating based on total pounds. These felonies come with mandatory minimum sentences ranging from 1-15 years.

Additional Marijuana Laws to be Aware of in Idaho

It is illegal to drive under the influence of marijuana in Idaho. If you are operating a vehicle in the state and expected of driving under the influence of marijuana you may be subject to a chemical test. Refusal of a test could lead to a $250 fine and having your license suspended for one year for first time offenders.