Created by FindLaw's team of legal writers and editors | Last reviewed May 16, 2018
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While a few states, including our neighbor Washington, have recently legalized recreational marijuana use, the Gem State hasn’t followed suit just yet. Despite current legalization efforts in other states, marijuana possession and sale, even for medical reasons, remains prohibited. Here are the basics of Idaho’s marijuana laws.
Idaho has some of the harshest marijuana laws in the nation. Possession of any more than three ounces of pot is a felony, and a conviction for selling marijuana could mean ten years in prison and $30,000 in fines depending on how much is involved and how many prior convictions a person has. The chart below highlights Idaho’s marijuana statutes.
Code Section |
Idaho Statutes 37-2701, et seq.: Uniform Controlled Substances |
Possession |
Under 3 oz.: misdemeanor with penalty of up to 1 yr. or $1,000 or both; Over 3 oz.: felony, 5 yrs. and $10,000; Subsequent offense: double penalty |
Sale |
Felony: 5 yrs. and $15,000; Subsequent offense: double penalty |
Trafficking |
1 lb. or more or 25 plants or more: felony; 1-5 lbs. or 25-50 plants: mandatory 1 yr. and $5,000; 5-25 lbs. or 50-100 plants: mandatory 3 yrs. and $10,000; 25-100 lbs. or over 100 plants: mandatory 5 yrs. and $15,000; Maximum number of yrs. 15 and maximum fine $50,000 |
State marijuana laws prohibit pot within the state and marijuana possession, sale, and trafficking remains illegal under federal law by way of the Controlled Substance Act. Just in case you’re thinking of sneaking across the Snake River to Washington to skirt Idaho’s marijuana ban, you should be aware that even if another state’s marijuana laws say it’s legal, federal law remains superior state law where the two overlap. The federal government may still enforce prohibitions on marijuana possession, manufacturing and cultivation and trafficking and distribution, and penalties for pot possession and sale across state lines can be severe.
As we’ve seen in other states, drug laws are subject to change as social attitudes to recreational drug use evolve. FindLaw's section on Drug Charges can provide you with further articles and information on this topic. If you think you or someone you know may have a drug or substance abuse problem, Idaho's Department of Health and Welfare has resources that can help.
Even though many states have begun loosening their marijuana laws with some even legalizing recreational use, possession of any amount of the herb in Idaho can land you in jail. Nothing beats sound legal counsel, especially when you're facing jail time. If you have been charged with a marijuana-related crime in Idaho, you may benefit from meeting with a local defense attorney.
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