{"id":372988,"date":"2016-03-31T21:35:09","date_gmt":"2016-04-01T02:35:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-marijuana-laws.html"},"modified":"2024-12-18T11:27:58","modified_gmt":"2024-12-18T16:27:58","slug":"idaho-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-marijuana-laws.html","title":{"rendered":"Idaho Marijuana Laws"},"content":{"rendered":"\n
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Idaho Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Idaho strictly bans the use of cannabis. This includes any medical marijuana with THC (tetrahydrocannabinol)<\/a> and recreational marijuana in any form. There are no dispensaries, no cultivation of marijuana plants allowed, and no availability of medical cannabis in Idaho.<\/p>\r\n

A 2022 poll sponsored by the Idaho Statesman said that 68% of Idahoans support medical cannabis<\/a> in the state. But while neighboring states of Washington and Oregon have legalized<\/a> medical and recreational marijuana, lawmakers in Boise haven’t budged. The Republican-led Idaho Legislature hasn’t allowed any bills on marijuana legalization to advance in the house or senate.<\/p>\r\n

Pro-marijuana groups have been trying<\/a> to get the issue in front of Idaho voters. But, a recent attempt to gather enough signatures fell short of getting the Idaho Medical Marijuana Initiative<\/a> on the 2024 ballot. In this article, we’ll explain the penalties associated with Idaho’s zero-tolerance drug policies.<\/p>\r\n

Marijuana Laws in Idaho<\/h2>\r\n

Idaho has some of the harshest cannabis laws in the nation. Any possession of marijuana carries the potential for fines and imprisonment. Having less than three ounces of marijuana can get you a fine of $1,000 and up to a year of jail time, as can having drug paraphernalia. Cultivating even a single cannabis plant is a felony. There is no leniency program for first-time offenders.<\/p>\r\n

Driving under the influence<\/a> of any intoxicating substance, including cannabis, carries the penalty of a driver’s license suspension for at least 90 days, a fine of up to $1,000, and up to six months in jail. Those convicted of marijuana crimes risk having their assets seized.<\/p>\r\n

Medical Cannabis and Idaho Law<\/h2>\r\n

For most people suffering from debilitating conditions in Idaho, there’s no relief from medical cannabis. The one exception is Epidiolex<\/a>. Available for patients with intractable epilepsy, Epidiolex is a CBD-based drug approved by the FDA. It does not contain THC.<\/p>\r\n

Federal Classification of Marijuana<\/h2>\r\n

In May 2024, the U.S. Department of Justice proposed a new rule<\/a> that would change the federal classification of marijuana. It is now a Schedule I drug<\/a> under the Controlled Substances Act<\/a> (CSA). Idaho uses the same classification.<\/p>\r\n

The proposed changes would reclassify marijuana federally as a Schedule III drug, loosening regulations and penalties. But it’s unclear if that would affect the stance of the Idaho Office of Drug Policy<\/a>. As of December 2024, this has not changed.<\/p>\r\n

Idaho Marijuana Law Penalties<\/h2>\r\n

Using any marijuana products in Idaho is a dangerous proposition. The chart below details the severe penalties offenders face.<\/p>\r\n\r\n
Relevant Idaho code section<\/th>\r\nIdaho Statutes 37-2701<\/a>, et seq. (uniform controlled substances)<\/td>\r\n<\/tr>
Is medical marijuana legal in Idaho?<\/th>\r\nThe only legal form of cannabis is Epidiolex, a CBD-based drug approved by the FDA for those with intractable epilepsy. It contains no THC.<\/td>\r\n<\/tr>
Is adult-use recreational marijuana legal in Idaho?<\/th>\r\nNo.<\/td>\r\n<\/tr>

Penalties for marijuana possession<\/p>\r\n<\/th>\r\n