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State Regulations

The Legal Status of Cannabis in Idaho

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In the state of Idaho, cannabis use is prohibited. This means that the state does not permit cannabis use for medical or recreational purposes. Idaho has some of the harshest cannabis laws in the United States. Possession of small amounts of cannabis is a punishable misdemeanor. Though support to legalize cannabis for medical use has been rife among the citizens since 2018, both the Governor and legislature remain firmly opposed to this. Recreational use is still a long way away from gaining support and seeing the light of day​ (CFAH)​​ (Idaho Cannabis Information Portal)​​ (Idaho Capital Sun)​.

In February 2021, CBD containing THC of up to 0.1% was descheduled and thereby made legal. Two months later, the production, transportation, and use of hemp which contains less than 0.3% THC was legalized​ (CFAH)​​ (The Cannigma)​.

Penalties for Possession and Intent to Sell Recreational Cannabis in Idaho:

Possession for Personal Use:

  • Not over 3 oz – Misdemeanor offense with up to 1-year imprisonment or a $1,000 fine.
  • Between 3 oz and 1 lb – Felony charge with up to 5-year imprisonment or a $10,000 fine, or both​ (ktvb.com)​.

Possession with Intent to Sell/Distribute:

Possession by a Minor Below 18 Years:

  • Any possession is treated very severely, typically as a felony with significant fines and potential imprisonment​ (The Cannigma)​.

The state will find one guilty of trafficking when:

  • Possessing 1 pound or more of cannabis, or 25 plants or more​ (ktvb.com)​.

Sale or Delivery:

Cultivation:

  • Cultivation laws are the same as those for possession with intent to sell. Possessing 25 or more marijuana plants is considered trafficking and carries severe penalties including mandatory minimum sentences​ (ktvb.com)​.

The Idaho Marijuana Legalization Initiative seeks to legalize the possession, use, and transportation of up to three ounces of marijuana. However, this initiative will not appear on the 2022 ballot​ (Idaho Capital Sun)​.

Lydia K. (Bsc. RN) is a cannabis writer, which, considering where you’re reading this, makes perfect sense. Currently, she is a regular writer for Mace Media. In the past, she has written for MyBud, RX Leaf & Dine Magazine (Canada), CBDShopy (UK) and Cannavalate & Pharmadiol (Australia). She is best known for writing epic news articles and medical pieces. Occasionally, she deviates from news and science and creates humorous articles. And boy doesn't she love that! She equally enjoys ice cream, as should all right-thinking people.