Idaho State Information Page
- Illegal; marijuana use is not prohibited
- Not Decriminalized
- Epidiolex and hemp-derived CBD oil allowed with less than 0.3 percent THC
- Possession is not allowed
- Cultivation is illegal
As of 2022, the State of Idaho still has some of the harshest laws compared to other states in the nation regarding cannabis possession, use, and legalization.
There is also no medical marijuana program, but the state of Idaho does have supporters for cannabis legalization for medical use.
State Laws and Offenses
Here’s a list of penalties for possession, sale, and distribution of marijuana, concentrate, or paraphernalia in Idaho.
- Per Idaho’s ODP website, “Marijuana is a Schedule I controlled substance under Idaho Law. It is illegal for any person to manufacture, deliver, possess with intent to manufacture or offer, or possess marijuana, which refers to all parts of the genus cannabis plant, including any preparation of cannabis that contains tetrahydrocannabinol. It is illegal to use or be under the influence of marijuana publically.
- Under federal law and Idaho code, cannabis is still considered an illicit drug and a Schedule I Controlled Substance
- Possession of marijuana, up to three ounces or less is a Class A Misdemeanor, 1-year incarceration, and a 1,000 USD fine, possible community service, or a probationary period.
- Sales of any controlled substances is a Class E Felony; penalties range from 1 to 5 years and 5,000 USD to 50,000 USD depending on the pounds
- Cultivation of any Idaho controlled substances is a Class E Felony; penalties range from 1 to 5 years and 5,000 USD to 50,000 USD depending on the pounds
- Possession of drug paraphernalia (even on private property) is a Class A Misdemeanor; subject to a 1-year sentence, 1,000 USD fine
- According to Idaho Law, Sales of paraphernalia is a Class E Felony; 9 years in prison, 30,000 USD fine
- Public use of controlled substances will result in a Class A Misdemeanor with six months incarceration and a 1,000 USD fine
Idaho does not offer a medical marijuana program; however, strides are being made this year to try and create a program for the state to have a licensed healthcare provider to offer a cannabis prescription.
Seventy-four percent of Idaho voters support the decriminalization and legalization of cannabis for medicinal purposes.
Not for marijuana, only hemp. A few hemp dispensaries across the state of Idaho sell hemp CBD-infused edibles. Idaho was the 50th state in the country to legalize industrial hemp with a bill that passed the Idaho Legislature in April 2021.
Yes. CBD derived from the hemp plant is legal in Idaho if it has under 0.3% THC due to the passing of the Farm Bill of 2018, but it is not manufactured within the state.
Cannabis Policy Reform Timeline
1927: Idaho, along with several other recent states, bans the cultivation, sale, possession, and use of cannabis.
2013: Idaho legislature puts out a statement rejecting the idea of ever legalizing cannabis for medical or recreational use.
2015: CBD derived from hemp containing no THC was legalized by registered voters in Idaho.
Attempts were made and blocked for ballot access for medical marijuana reform in 2014, 2016, 2018, and 2020. 2020 seemed promising; however, the global pandemic halted any plans to move forward with legalization initiatives and signature gatherings.
2020: The Medical Marijuana Act 2022 was proposed to the Secretary of State for ballot submission in the 2022 November elections.
2021: Epidiolex CBD was approved for medicinal use. The Governor attempted to update signature laws for ballot submission to block the 2022 Marijuana Legalization initiative.
2022: The Idaho Supreme court blocked the Governor’s restrictive SB101 due to their current drug policy. This will allow signatures to be gathered so that Personal Adult Marijuana Decriminalization Act (PAMDA) can be presented to voters in November 2022.
Some of the Current Cannabis Bills in Idaho
Learn more about Cannabis legalization in Idaho: