While Idaho doesn’t have the strictest laws concerning cannabis, the state has yet to move forward with any medical marijuana act. With that said, cannabis is completely illegal within the Gem State.
Throughout this article, we’re going to give you everything you need to know about the laws and regulations concerning cannabis laws in Idaho.
Cannabis Possession and Sale in Idaho
As mentioned, cannabis remains completely illegal in the state of Idaho. Any form of possession will result in one of the following charges:
- 3 ounces or less – a misdemeanor that’s punishable with 1 year incarceration and a fine of up to $1,000.
- 3 ounces to less than 1 lbs – a felony charge that’s punishable with up to 5 years incarceration and a fine of up to $10,000.
Possession of any more than 1 pound of cannabis within Idaho is considered “possession with the intent to sell.” With that, there are harsher penalties:
- 1 lbs to less than 5 lbs or less than 50 plants – a felony charge that’s punishable by a minimum incarceration of 1 year and a fine of up to $50,000.
- 5 lbs to less than 25 lbs or less than 100 plants – a felony charge that’s punishable by a minimum of 3 years incarceration and a fine of up to $50,000.
- More than 25 lbs or more than 100 plants – a felony charge that’s punishable by a minimum of 5 years incarceration and a fine of up to $50,000.
No matter the amount you’re caught with, if you’re found selling or consuming cannabis with a minor, you risk a felony charge that’s punishable with a minimum of 5 years incarceration and a fine of up to $5,000.
These laws and their respected consequences remain the same for individuals who are caught cultivating and delivering cannabis.
If you are under the age of 18 and caught with marijuana, the common punishment is a license suspension of up to 1 year.
Paraphernalia
When it comes to possessing paraphernalia in Idaho, there are two laws:
- Use or Possession Of – a misdemeanor that’s punishable with up to 1 year incarceration and a $1,000 fine.
- Manufacture or Sale Of – a felony charge that’s punishable with up to 9 years incarceration and a $30,000 fine.
Other Cannabis Laws in Idaho
Beyond possessing cannabis, you can find yourself in trouble for simply being intoxicated by it. Some of the miscellaneous laws within Idaho include:
- Intoxication or Use Of in Public – a misdemeanor that’s punishable with up to 6 months incarceration and a fine of up to $1,000.
- Being Present at a Location Where Cannabis is Cultivated or Stored – a misdemeanor that’s punishable with up to 3 months incarceration and a fine of up to $300.
- Maintaining a Structure Used for Selling or Storing Cannabis – a misdemeanor that’s punishable with up to 1 year incarceration and a fine of up to $30,000.
CBD in Idaho
Unfortunately, the laws surrounding cannabidiol (CBD) in Idaho are a bit trickier than other states. Even though hemp and CBD products are legal on a federal level, Idaho still considers any substance containing any trace of tetrahydrocannabinol (THC) a controlled substance.
With that said, Idaho bans any non-approved Food & Drug Administration (FDA) hemp products. In turn, the only legal CBD product within Idaho is Epidiolex which can only be obtained through a prescription.
Laws concerning cannabis possession (as detailed above) apply similarly for CBD products.