Is Weed Legal in Idaho?

Is weed legal in Idaho? Weed is illegal for medical or recreational use. The Gem State is one of the few still enforcing outdated weed policies. Even possession of small amounts could land you a misdemeanor. If you want to stay on the right side of the law, keep reading our Idaho weed law guide.

We cover the penalties for breaking the law and how you can find weed work elsewhere.

Is Adult-Use Legal?

Currently, adult-use weed is illegal in Idaho. The state banned weed in 1927 along with a string of other states during a nationwide trend. In 2013, the state legislature passed an anti-pot resolution. The resolution declares that it is the policy of the legislature that the state should never legalize weed for any purposes.

Possession

Possession of 3 ounces or less is a misdemeanor. It's punishable by up to 1 year in jail and/or a fine up to $1,000. If you possess more than 3 ounces but less than 1 pound, it is a felony. It's punishable by up to 5 years in jail and/or a fine up to $10,000.

Possession with intent to distribute up to 1 pound or up to 24 plants of weed is a felony. It’s punishable by up to 5 years in jail and/or a fine up to $15,000.

Sale or Delivery

Selling even the smallest amount of weed can carry harsh penalties. Delivery of a Schedule 1 controlled substance is considered a felony. It carries the possibility of up to life in prison. Sentencing depends on the individual’s criminal history and the amount of weed sold. Delivery of up to 1 pound or up to 24 plants is a felony. It’s punishable by up to 5 years in jail and/or a fine up to $15,000.

Delivery or import into Idaho of at least 1 pound of weed or 25 plants is considered felony drug trafficking. Trafficking charges receive a mandatory minimum sentence. Trafficking 1 to 5 pounds or between 25 and 49 plants is punishable with a minimum of 1 year in prison and a fine of at least $5,000. Higher amounts of weed carry higher mandatory minimum sentences.

Cultivation

Growing up to 1 pound or up to 24 plants is a felony punishable by up to five years in jail and/or a fine up to $15,000. Growing 1 pound or more or 25 plants or more is considered drug trafficking. It’s a felony punishable by up to 15 years in jail and a fine up to $50,000. If the amount grown was between 1 and 5 pounds, the offender receives a mandatory minimum sentence of 1 year in jail and a fine of at least $5,000.

Mandatory Minimum Sentence

If convicted of an offense, the judge must sentence an individual to the mandatory minimum sentence or higher. The judge does not have the ability to give the defendant less time than the mandatory minimum. An inmate serving a minimum sentence will not be eligible for parole. Even individuals convicted of smoking weed and sentenced to life can’t receive parole.

Tax Stamps

State law requires users in possession of an illegal substance to obtain and affix a tax stamp onto the product. Idaho’s tax rate is $3.50 per gram or $775 per plant. Penalty for nonpayment is a 200% tax increase and punishment for tax evasion. The purchase of tax stamps for contraband will remain confidential.

Is Medical Use Legal?

Medical use of pot is illegal in the state. Patients who use the drug receive the same penalties as recreational users. Lawmakers have introduced medical pot bills to the state legislature with no success.

The Idaho Medical Marijuana Association was preparing an initiative petition to legalize medical pot. Advocates have attempted to gain enough signatures in the past. They have reached less than half of the necessary support.

Is CBD/Hemp Legal?

Idaho has very restrictive laws on hemp-derived CBD products. In 2015, Senate Bill 1146a would allow patients with severe epilepsy to use CBD oil. Governor Butch Otter vetoed the bill after it passed the Idaho Legislature.

According to a 2015 Idaho Attorney General’s opinion, only CBD without THC is legal. If it does not contain any THC (not just less than .3%), the product must be derived or produced from:

1. Mature stalks of the plant
2. Fiber produced from the stalks
3. Oil or cake made from the seeds or the achene of such plant
4. Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
5. The sterilized seed of such plant which is incapable of germination

Essentially, CBD must contain 0% THC and be derived from one of the five listed parts of the cannabis plant, otherwise, it is illegal in Idaho.

In June 2019, the Attorney General’s office released a podcast “CBD and Hemp in Idaho.” In late 2019, Governor Brad Little issued an executive order to resolve state and federal laws on the interstate transportation of hemp. The executive order does not legalize hemp production. The order only allows the interstate transportation of hemp.

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