Is weed legal in Idaho?

No. In Idaho, marijuana is illegal. 

The only exception is CBD with 0% THC, which is lower than the 0.3% THC threshold allowed by federal law. To be legal, the CBD must not only contain no THC, but it must also be made from the mature stalks of the plant or the sterilized seeds.  

Possession of 3 ounces (85 grams) or less of marijuana is a misdemeanor punishable by up to one year of incarceration and a $1,000 fine. Anyone in possession of more than 3 ounces but less than a pound of marijuana can be charged with a felony and sentenced to up to five years in prison and a $10,000 fine.

Legislation history

In the early 1900s, marijuana prohibition swept the nation. Idaho joined three other states that banned the plant in 1927. 

After the 2014 US Farm Bill allowed farmers to grow hemp with less than 0.3% THC as part of a pilot program, Idaho nearly passed S 1146a. It would have allowed parents and guardians of children with epilepsy to bring CBD oil into the state. The bill passed the legislature but was vetoed by Gov. Butch Otter who tried to appease the bill's backers by allowing children with intractable epilepsy to participate in an FDA study on Epidiolex, a CBD-based drug. Three years later, Epidiolex was approved by the FDA and became the only available form of legal cannabis in the state. 

Petition efforts to put medical marijuana initiatives on the ballot in 2012, 2014, 2016, 2018, and 2020 all failed to gather enough signatures or were withdrawn. Idaho requires signatures of 6% of legal voters in each of the state's 18 legislative districts, making signature gathering difficult in sparsely populated areas. 

In 2019, after the 2018 US Farm Bill made hemp farming legal nationwide, Gov. Brad Little signed an executive order allowing hemp from other states to pass through Idaho, as required by the Farm Bill. 

A 2020 attempt to legalize hemp cultivation in Idaho passed the Senate but got held in committee when it reached the House. 

Frequently asked questions

What drugs are legal in Idaho?

Epidiolex is the only cannabis-derived drug that is legal in Idaho with a prescription. All other THC-containing forms of cannabis are classified as Schedule I controlled substances. According to Idaho's Office of Drug Policy, it is illegal to manufacture, deliver, or possess with intent to manufacture or deliver cannabis or any other controlled substance.

What is the fine for possession of marijuana in Idaho? 

Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to one year of incarceration and a $1,000 fine. Anyone in possession of more than 3 ounces but less than a pound of marijuana can be charged with a felony and sentenced to up to five years in prison and a $10,000 fine.

How can I get a medical marijuana card in Idaho?

There is no medical marijuana program in Idaho and therefore no way to obtain a medical marijuana card. 

This page was last updated October 22, 2020. 

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The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on February 1, 2021.