Idaho

  • IdahoSummary
  • Law Breakdown
  • Penalties

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

Read a full description of Idaho’s Food, Drugs & Oil code 37-2734A.  For more information, research 37-2734 as well.

Idaho Marijuana Attorneys

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

Name: Your Firm Here
Website: www.YourSite.com
Phone: 555.555.5555

 

Name: Your Firm Here
Website: www.YourSite.com
Phone: 555.555.5555

 

Name: Your Firm Here
Website: www.YourSite.com
Phone: 555.555.5555

 

*Disclaimer these are paid advertisements, however we have vetted the attorneys.

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.

Possession of marijuana with intent to deliver it is a felony. If the amount is less than 1 pound or 25 plants, the maximum penalty is five years in prison and $15,000.

Any possession of more than 1 pound of cannabis or 25 plants is treated as possession with intent to supply and is punishable by up to 15 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 $5,000. If the weight is between 5 and 25 pounds or 50 and 100 plants, the minimum sentence is three years in prison and $10,000. And if the weight is greater than 25 pounds or 100 plants, the minimum is five years in prison and $15,000.

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 less than 1 pound or 25 plants is punishable by up to five years in prison and $15,000 in fines. Sale or delivery of any amount greater than 1 pound or 25 plants is punishable by up to 15 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 $5,000 applies. If the weight is between 5 and 25 pounds or 50 and 100 plants, the minimum penalty is three years in prison plus $10,000. For amounts greater than 25 pounds or 100 plants, the mandatory minimum is five years in prison and $15,000.

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 $5,000.

Cultivation

It is a felony to grow any amount of marijuana in Idaho. Growing less than 1 pound or fewer than 25 plants is punishable by up to five years in prison and $15,000 in fines. Cultivation of more than 1 pound or 25 plants is punishable by up to 15 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 and $5,000 in fines. The minimum increases to three years and $10,000 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 and $15,000.

Cultivation of cannabis in the presence of a minor under 18 carries a top penalty of five years in prison and $5,000 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.

Idaho Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Possession
Personal Use
3 oz or less misdemeanor 1 year $1,000
3 oz - 1 lb felony 5 years $10,000
With intent to distribute
Less than 1 lb or 25 plants felony 5 years $15,000
More than 1 lb or 25 plants felony 15 years $50,000
1 - 5 lbs or 25 - 50 plants felony 1 year* $5,000
5 - 25 lbs or 50 - 100 plants felony 3 years* $10,000
More than 25 lbs or 100 plants felony 5 years* $15,000
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
Less than 1 lb or 25 plants felony 5 years $15,000
More than 1 lb or 25 plants felony 15 years $50,000
1 - 5 lbs or 25 - 50 plants felony 1 year* $5,000
5 - 25 lbs or 50 - 100 plants felony 3 years* $10,000
More than 25 lbs or 100 plants felony 5 years* $15,000
Where a person under the age of 18 is present felony 5 years $5,000
* Mandatory minimum sentence
Cultivation
Less than 1 lb or 25 plants felony 5 years $15,000
More than 1 lb or 25 plants felony 15 years $50,000
1 - 5 lbs or 25 - 50 plants felony 1 year* $5,000
5 - 25 lbs or 50 - 100 plants felony 3 years* $10,000
More than 25 lbs or 100 plants felony 5 years* $15,000
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.
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 (license suspensions, civil damages, etc...)
Use or intoxication in public misdemeanor 6 mos $1,000
Presence at location where marijuana is cultivated or stored misdemeanor 3 mos $300
Maintaining a structure used for selling or storing marijuana misdemeanor 1 year $25,000
Possession of marijuana and under 18 will result in driver's license revocation for a period of not more than 1 year.