Categories
BLOG

is medical marijuana legal in idaho

Idaho Marijuana Information

Quick FAQs

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.

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.

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.

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!

Idaho FAQs

Is Marijuana legal in Idaho?

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.

Where can I buy marijuana?

Currently, there are no legal outlets in Idaho where residents can purchase marijuana. Be careful who you talk to about grass in Idaho!

How can I help legalize marijuana in Idaho?

Early in 2016, New Approach Idaho failed to meet the number of signatures required to pass the Idaho Medical Marijuana Initiative, which attempted to legalize the use of medical marijuana for seriously ill and terminally ill patients. Supporters only gathered about 20,000 of the 47,623 signatures needed to get the initiative on the ballot.

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!

How much will it cost if it is legalized?

The price of marijuana will vary based on strain and quality, and it will also be highly dependent on what the tax percentage is. You can expect prices to be between $10 to $30 per gram.

If marijuana becomes legalized, what types of marijuana will the stores sell?

The answer will depend on the specific law that is passed in Idaho, but in general, this is an overview of what stores carry in states with legalized marijuana. You will see a number of different flower strains categorized by their strains ranging from strong Indicas to strong Sativas and everything in between. Each strain can have different effects so be sure to ask the budtender for assistance in choosing the best marijuana for you. Strong Sativas strains are known for their general uplifting, energizing, and head high effects while Indicas are known for their full body highs and sedative effects.

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

  • 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.

What is the punishment if I’m caught with marijuana?

It is still criminally illegal to possess, sell, distribute, and smoke marijuana in Idaho. It has not been decriminalized. Possession of up to three ounces of marijuana is a misdemeanor, but it can result in a year in jail and/or up to a $1,000 fine. Possession of more than three ounces is a felony charge punishable by five years in prison and up to a $10,000 fine. Even being high in public can lead to a six-month jail sentence and/or up to a $1,000, so be wary of public intoxication. Sale and distribution of marijuana carries very harsh felony penalties, dependent on the amount.

If marijuana is legalized can I still get in trouble?

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!

What is a dab?

Dabs are often compared to the hard liquor of the cannabis world, and can be found in many forms. Dabs are the essential oils and waxes of the cannabis plant that are extracted and concentrated into a potent wax form. They are known for their high concentration of THC. Smoking a dab is much stronger than smoking flowers. If you are not a regular cannabis consumer with a high tolerance, we recommend using extreme caution.

Nothing on this website should be considered legal advice or as a substitute for legal advice. Please respect the current state of Marijuana law in your area.

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

LEARN | LAWS & REGULATIONS

Idaho

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.

FAQ

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.

View the marijuana laws & regulations for Idaho.