Idaho Marijuana Laws

Updated August 2019

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. Read more about Idaho marijuana laws below.

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 up to 5 years and fines as high as $10,000. 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.

Idaho voters may have the opportunity to legalize medical marijuana in 2020. A medical marijuana petition has been cleared by the Secretary of State and advocates are now in the process of obtaining signatures from registered voters to place the initiative on the 2020 ballot.

Consumption of CBD from Hemp Oil in Idaho

Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

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, whereas anything more than this can even lead to 15 years in jail with $50,000 in fines.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.


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