Idaho Marijuana Laws

If you are a resident of the Gem State, you should become familiar with local paraphernalia laws.

Idaho Marijuana Attorneys

The following Idaho lawyers are actively involved in the practice of cannabis law:

Idaho_idahojustice
Idaho_khsidaholaw

LAW BREAKDOWN

It is illegal in Idaho to possess, sell, deliver, or cultivate marijuana for any purpose, including medical uses. There is no decriminalization, so all cannabis offenses are treated as crimes.

Possession

Possession of any amount of marijuana for any reason is a misdemeanor if the amount is 3 ounces or less. The maximum penalty is one year in jail and $1,000 in fines. If the amount is between 3 ounces and 1 pound, the offense is a felony and the top penalty is five years in prison and $10,000.

Any possession of more than 1 pound of cannabis or 25 plants is treated as possession with intent to supply, a felony punishable by up to 5 years in prison and $50,000 in fines. Possession of between 1 and 5 pounds or 25 and 50 plants carries a mandatory minimum sentence of one year in jail and a potential fine of $50,000. If the weight is between 5 and 25 pounds or 50 and 100 plants, the mandatory minimum sentence is 3 years in prison and fines of $50,000 are possible. And if the weight is greater than 25 pounds or 100 plants, the minimum is five years in prison and $50,000.

Any possession of marijuana with intent is punishable by up to five years in prison and $5,000 in fines where the possession occurs in the presence of a minor under age 18.

Sale or Delivery

Any sale or delivery of cannabis is a felony in Idaho. Sale or delivery of any amount greater than 1 pound or 25 plants is punishable by up to 5 years in prison and $50,000 in fines.

If the amount is between 1 and 5 pounds or 25 and 50 plants, a mandatory minimum sentence of one year in jail and a fine of up to $50,000 applies. If the weight is between 5 and 25 pounds or 50 and 100 plants, the minimum penalty is three years in prison plus up to $50,000. For amounts greater than 25 pounds or 100 plants, the mandatory minimum is five years in prison and up to $50,000 in fines.

Sale or delivery of any amount of marijuana in the presence of a minor under age 18 carries a maximum sentence of five years in prison and a top fine of $50,000.

Cultivation

It is a felony to grow any amount of marijuana in Idaho. Cultivation of more than 1 pound or 25 plants is punishable by up to 5 years in prison and $50,000 in fines.

Where the amount is between 1 and 5 pounds or 25 and 50 plants, there is a mandatory minimum sentence of one year in jail. The minimum increases to three years on offenses involving between 5 and 25 pounds or 50 and 100 plants. For amounts greater than 25 pounds or 100 plants, the minimum is five years in prison.

Cultivation of cannabis in the presence of a minor under 18 carries a top penalty of five years in prison and $50,000 in fines.

Hash and Concentrates

Penalties for possession, sale, delivery, and manufacture of hashish and other cannabis concentrates are the same as those for marijuana flower.

Paraphernalia

It is a misdemeanor in Idaho to possess or use drug paraphernalia unless it is intended, marketed, and used only for legal purposes. The maximum penalty is one year in jail and a fine of $1,000. Making or selling marijuana paraphernalia is a felony punishable by up to nine years in prison and $30,000.

Miscellaneous

Public use or intoxication is a misdemeanor in Idaho and is punishable by as many as six months in jail and as much as $1,000 in fines. Even proximity to cannabis can lead to conviction: Presence at a site where the drug is grown or stored is a misdemeanor with a top penalty of three months in jail and $300 in fines.

MEDICAL MARIJUANA

CBD oil is not yet legal in Idaho. A bill which would have allowed parents to possess up to 32 fluid ounces of liquid cannabidiol oil for the treatment of seizure disorders was vetoed by Gov. Butch Otter in 2015.

The governor has said he will issue an executive order requiring the state’s Department of Health and Welfare to study the efficacy of CBD oil on the treatment of epilepsy.

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

3 oz or less Misdemeanor 1 year $ 1,000
3 oz – less than 1 lb Felony 5 years $ 10,000

With intent to distribute

1 – less than 5 lbs or 25 – less than 50 plants Felony 1 year* $ 50,000
5 – less than 25 lbs or 50 – less than 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 5,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.

Sale or Delivery

1 – less than 5 lbs or 25 – less than 50 plants Felony 1 year* $ 50,000
5 – less than 25 lbs or 50 – less than 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 50,000
* Mandatory minimum sentence

Cultivation

1 – less than 5 lbs or 25 – less than 50 plants Felony 1 year* $ 50,000
5 – less than 25 lbs or 50 – less than 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 50,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possession of paraphernalia Misdemeanor 1 year $ 1,000
Manufacture or sale of paraphernalia Felony 9 years $ 30,000

Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Use or intoxication in public Misdemeanor 6 months $ 1,000
Presence at location where marijuana is cultivated or stored Misdemeanor 3 months $ 300
Maintaining a structure used for selling or storing marijuana Misdemeanor 1 year $ 25,000
Possession of marijuana and under the age of 18 will result in driver’s license revocation for a period of not more than 1 year.