Idaho Marijuana Laws

Idaho strictly bans the use of cannabis. This includes any medical marijuana with THC (tetrahydrocannabinol) and recreational marijuana in any form. There are no dispensaries, no cultivation of marijuana plants allowed, and no availability of medical cannabis in Idaho.

A 2022 poll sponsored by the Idaho Statesman said that 68% of Idahoans support medical cannabis in the state. But while neighboring states of Washington and Oregon have legalized 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.

Pro-marijuana groups have been trying 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 on the 2024 ballot. In this article, we'll explain the penalties associated with Idaho's zero-tolerance drug policies.

Marijuana Laws in Idaho

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.

Driving under the influence 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.

Medical Cannabis and Idaho Law

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

Federal Classification of Marijuana

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

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. As of December 2024, this has not changed.

Idaho Marijuana Law Penalties

Using any marijuana products in Idaho is a dangerous proposition. The chart below details the severe penalties offenders face.

Note: State laws are subject to change through the passage of new legislation, state and federal court rulings, ballot initiatives, and other means. While we strive to provide the most current information available, contact an Idaho criminal defense attorney to learn how the law applies to your unique circumstances.

Related Resources

• FindLaw's Cannabis Law Section
• Marijuana Legalization and Decriminalization Overview
• Medical Marijuana: An Overview
• Marijuana Laws by State
• Official State Codes

Facing Marijuana Charges? An Idaho Attorney Can Help

Getting caught with marijuana in Idaho has serious consequences. The state doesn't care if you need it for the pain caused by a serious medical condition. If the unthinkable has happened, you will need all the help you can get. Talk to an Idaho criminal defense attorney. Experienced with Idaho's strict cannabis laws, they can offer legal advice and guidance to help you achieve the best outcome.