Marijuana Legality in Idaho

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.

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.

What are the penalties for possession and the intent to sell recreational cannabis in the state of Idaho?

Possession for Personal Use:

· Not over 3 oz–Misdemeanor offense with 1-year imprisonment or $ 1,000 fine.

· Between 3 and 1 lb- Felony charge with 5-year jail sentence or $ 10,000 fine, or both.

Possession with intent to sell/distribute:

· Between 5 lbs and 25 lbs and plants less than 50–Felony charge with 1-year jail sentence, $ 50,000 fine.

· Between 5 lbs and 25 lbs and plants less than 100–Felony charge with 3 years’ jail sentence, $ 50,000 fine.

· Over 25 lbs of cannabis – Felony charge with 5 years’ jail sentence, $ 50,000 fine.

Possession by a minor below 18 years:

This is a felony and one faces a mandatory sentence of 5 years’ imprisonment or a $ 5,000 fine.

The state will find one guilty of trafficking when:

· Possesses 1 pound or more of cannabis, or 25 plants or more.

Sale or Delivery:

· Between 5 lbs and  25 lbs and fewer than 50 plants- Felony charge with 1-year imprisonment or $ 50,000

· Between 5lbs and 25 lbs or between 50 and 100 plants–Felony charge with 3 years’ imprisonment or $ 50,000

·   25 lbs or more of cannabis or 100 marijuana plants or more – Felony Charge attracting 5 years’ jail sentence or $ 50,000 fine

· Where a minor of 18 and below is present–A felony charge attracting 5 years’ imprisonment or a $ 50,000 fine with a Mandatory minimum sentence

Cultivation

· Between 5 lbs and  25 lbs and fewer than 50 plants- Felony charge with 1-year imprisonment or $ 50,000

· Between 5lbs and 25 lbs or between 50 and 100 plants–Felony charge with 3 years’ imprisonment or $ 50,000

·         25 lbs or more of cannabis or 100 marijuana plants or more – Felony Charge attracting 5 years’ jail sentence or $ 50,000 fine

· Where a minor of 18 and below is present–A felony charge attracting 5 years’ imprisonment or a $ 50,000 fine with a Mandatory minimum sentence

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.