Is marijuana legal in Idaho?
Current legality status
Cannabis is illegal under state law.
Marijuana is not legal in Idaho. Both medical and recreational use is prohibited. Only one brand of pharmaceutical CBD, Epidiolex, is allowed for medical use.
Penalties for marijuana possession in Idaho are steep. Possession of less than three ounces of marijuana for personal use may result in a misdemeanor conviction, up to a year in jail, and a fine of up to $1,000. Possession of more than three ounces may result in a felony conviction, up to five years in jail, and a fine of up to $10,000.
Distribution is a felony, with penalties assessed by weight starting at less than five pounds and fewer than 50 plants warranting a mandatory sentence of a year in jail and a fine of $50,000. Penalties top out at a mandatory sentence of five years in jail and a fine of $50,000 for more than 25 plants or more than 100 pounds.
In 2016, 4,129 people were arrested for marijuana in Idaho.
Idaho recreational & medical marijuana legalization efforts
Idaho recreational and medical legalization efforts are largely restricted to grassroots efforts. In 2013, the Senate passed a resolution stating its opposition to any legalization efforts.
A number of ballot initiatives in the last decade have failed. Most recently, a 2020 initiativesuspended its efforts due to the difficulty of collecting signatures during the COVID-19 pandemic. In March 2020, a bill (SB 1345) passed by the Senate in February that would have legalized industrial hemp production was shot down in the House.
A 2015 bill (SB 1146) that would have legalized CBD oil containing 0.3% THC for medical use by epileptics was vetoed by then-governor Butch Otter. Instead, Otter issued an executive order allowing for the prescription of Epidiolex, a medical grade CBD formulation, as a pilot program. Epidiolex is now legal for doctors to prescribe to epileptics as it was approved by the FDA in 2018.
A 2019 poll found that 73% of Idaho residents were in favor of legalizing medical marijuana.
Idaho cannabis DUI laws
Like everywhere else, it’s illegal to drive while under the influence in Idaho. Cannabis is a controlled substance in Idaho, and you can’t drive intoxicated on a controlled substance. “Intoxicated” is defined as “not having the normal use of mental or physical faculties by reason of the introduction of … a controlled substance.”
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Drivers in Idaho have implied consent to evidentiary testing for the presence of drugs or other intoxicating substances. If a driver refuses to submit to a test after being warned of the consequences, they shall be fined $250 and their license shall be suspended for one year for the first refusal and two years for the second refusal.
- First offense: Up to six months in jail, up to $1,000 fine, driver’s license suspension for at least 90 days up to 150 days
- Second offense (within 10 years): Misdemeanor, mandatory minimum of 10 days in jail, up to $2,000 fine, driver’s license suspension for two years, may apply for driving privileges after one year with installation of IID
- Third offense (within 10 years): Felony, mandatory minimum of 30 days up to 10 years in jail, up to $5,000 fine, driver’s license suspension for mandatory one year up to four years, may apply for driving privileges after one year with installation of IID
Delta-8 laws in Idaho
Delta-8 is not legal in Idaho. Delta-8 exists in a legal gray area because it is often extracted from hemp, which was made legal in the US with the 2018 farm bill, however, some individual states have specifically outlawed delta-8 regardless of this law, including Idaho.
All cannabinoids similar to THC are illegal in Idaho, including delta-8. Even CBD laws are strict in Idaho—products extracted from hemp must have a final THC level of 0.3%.
Common questions about marijuana legalization in Idaho
Are edibles legal in Idaho?
No. Edibles (like pot brownies) are illegal. There is no legislation specific to edibles in Idaho, though the law does refer to “any preparation of cannabis,” which includes edibles.
Is Idaho a legal recreational state?
No, Idaho is not a recreational weed state. It’s an extreme prohibition state.
Is CBD legal in Idaho?
Yes, but it is very limited. Only Epidiolex, a pharmaceutical CBD preparation, can be prescribed to those with severe epilepsy.
Is smokable hemp allowed in Idaho?
No. Idaho does not allow the cultivation of industrial hemp.
Can you get a medical marijuana card in Idaho?
No. Epidiolex is the only legal medical preparation available in Idaho.
Is Delta-8 legal in Idaho?
No. Delta-8 is not legal in Idaho.
Learn more about marijuana legalization in Idaho
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Post last updated Sept. 8, 2020