Posted on

is pot legal in idaho

Is pot legal in idaho

The newly formed Idaho Medical Marijuana Association has forthcoming legislation aiming to legalize medical marijuana in 2016. Marijuana advocates in Idaho are encouraged to stay up to date on the current legislation so they can sign the petition when it becomes available to help legalize medical marijuana!

The Idaho Medical Marijuana Association, a group of marijuana activists, says it is preparing a new initiative petition focused on creating a medical marijuana program, despite similar previous initiative petitions in the state failing with less than half the number of needed signatures. Idaho also has a high threshold for passing initiatives, making it more difficult to pass controversial legislation. With a majority of Idaho residents opposing marijuana legalization, it will be an uphill battle. However, polls indicate higher support for medical marijuana than recreational legalization, giving Idaho marijuana advocates hope for their medical marijuana program’s petition.
Marijuana is not legal in Idaho in any form. An attempt to legalize a certain type of medical marijuana oil was vetoed in early 2016 after the Senate passed the bill. There is no current legislation attempting to legalize medical or recreational marijuana in Idaho.

At this time, marijuana is still very much illegal to possess, sell, and smoke in Idaho. Possession of up to three ounces of marijuana can result in a year in jail and/or up to a $1,000 fine. Even just being high can lead to a six-month jail sentence and/or up to a $1,000, so be wary of public intoxication. Kush Tourism encourages extreme discretion for all travelers, if you do choose to partake. If you find yourself in a pinch with the law, check out our Idaho Cannabis Lawyers page for help!
Early in 2016, the Senate made the first positive progress towards medical legalization in the state by passing Senate Bill 1146, which allowed a CBD-heavy but no-THC cannabis oil to be used by medical patients, particularly aimed at helping children suffering severe seizures. However, briefly after the senate passed the bill, Governor Butch Otter vetoed it.
Bordering two of the most cannabis friendly states in the country, Washington and Colorado, you would think Idaho would be progressing towards at least medical marijuana legalization. Unfortunately for marijuana lovers, Idaho is one of the least cannabis friendly states in the nation to light up in. Based on current legislation and public sentiment, it doesn’t look as if things will be changing much in the near future.
Yes. You can always get in trouble at the federal level, even if marijuana becomes legalized in Idaho. Be sure to always follow the laws of the state you are in, and state authorities will have no issues with you. If you find yourself in a pinch with the law, check out our Idaho Cannabis Lawyers page for help!

  • Concentrates: essential oils of the cannabis plant. Warning: these can be very potent!
  • Edibles: Cannabis infused foods, candies, or drinks. Warning: These can be very potent! Be sure to check the serving size before enjoying and remember the effects can take up to an hour to hit you.
  • Transdermal Products (Topicals): creams, lotions, massage oils and such infused with cannabis. These products are not psychoactive and will not get you high.
  • Seeds: seeds that can be used to grow your own marijuana plants. Stores will have many different strains of Indicas and Sativas.
  • Clones: healthy seedlings that are ready be grown.

Dispensaries will also sell a number of other types of marijuana products, including but not limited to:

Is Recreational Cannabis legal in Idaho? Can I buy Medical Marijuana in Idaho? Are there any Dispensaries in Idaho? Sadly the answer to all of these questions

Delivery of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Delivery or import into Idaho of 1 pound, or more or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount delivered or imported was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Delivery or import into Idaho of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Delivery or import into Idaho of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

Manufacture or sale of drug paraphernalia is a felony punishable by up to 9 years imprisonment and/or a fine up to $30,000.
Anyone who pleads guilty to or is convicted of an offense under the Idaho Uniform Controlled Substances Act which is punishable by more than 1 year imprisonment must forfeit certain property to the state of Idaho. This includes any property constituting or derived from profits of the violation and any property used in or used to facilitate the violation.

Possession with intent to distribute up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount possessed was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Possession of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Possession of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.
Judgment may be withheld if the offender has no prior felony convictions, convictions for driving under the influence, or convictions for possession, sale, or cultivation of a controlled substance, the offender has been cooperative with law enforcement efforts for drug-related crime, and the court believes that they will complete the terms of probation. When a person pleads guilty or is found guilty of possession, sale, or cultivation, if they are granted a probationary period, it will include a minimum of 100 hours of community service.
Marijuana is a Schedule I hallucinogenic substance under the Idaho Uniform Controlled Substances Act.

  • Idaho Code Ann. § 37-2732(a)(1)(B)
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)

It is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $25,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

For violations of possession, cultivation, and sale of marijuana, all offenders are required to undergo a substance abuse evaluation. This requirement may be waived if the violation is the offenders first, the charge is for simple possession, and the court finds no reason to believe that the offender is in need of treatment. This evaluation will be used in determining the sentence of the offender, which may include mandatory treatment.

NORML – Working to Reform Marijuana Laws Offense Penalty Incarceration Max. Fine Possession Personal Use 3 oz or less Misdemeanor 1 year $ 1,000 3 oz –