Idaho Cannabis Information Portal

What is the State of Marijuana in Idaho?

Marijuana is currently illegal in Idaho, and there are no signs that the state will legalize it soon. Several ballot initiatives filed at different times to legalize cannabis all failed. The Idaho Office of Drug Policy (ODP) has a policy statement opposing marijuana legalization. Additionally, marijuana is considered a Schedule I controlled substance under the state's law. Hence, nobody, residents or visitors, can legally grow, purchase, sell, or use cannabis for medical or recreational purposes in the state. However, residents with epilepsy can use a CBD-based product, Epidiolex, approved by the United States Food and Drug Administration (FDA) to treat or manage their medical condition. Idaho is one of the few states in the U.S. without a medical cannabis program due to its prohibition of medical marijuana.

Idaho has also not decriminalized marijuana, and possessing even the smallest amount of weed can land someone in jail. For instance, anyone caught with less than 3 ounces of cannabis commits a misdemeanor and risks a fine of up to $1,000 and a one-year prison sentence. The distribution of marijuana in Idaho is a felony, and depending on the amount involved, offenders may face a mandatory $50,000 fine and a minimum of one-year jail term. Since the state has no established medical marijuana program, there is no way to obtain a medical cannabis card.

How Has Marijuana Affected the Idaho Economy?

While marijuana remains illegal in Idaho, advocates of cannabis legalization in the state believe that legalizing it will minimize incarcerations and boost the state's economy. A 2021 Office of Drug Policy report reveals that the number of Idaho residents using cannabis in the past 30 days increased by 55% between 2012 and 2018. This significant change in the number of marijuana consumers indicates Idaho's potential to generate millions of dollars in revenue if it legalizes marijuana.

According to a report, Idaho can potentially generate an average of $33 million annually in excise tax revenue only if it legalizes recreational cannabis. This projection is based on the average taxes paid by cannabis consumers in states that have legalized marijuana with a cannabis market for at least three years.

What is the Marijuana Crime Rate in Idaho?

According to arrest data provided by the National Incident-Based Reporting System (NIBRS) to the Federal Bureau of Investigation (FBI), law enforcement agencies in Idaho made 5,804 marijuana possession arrests in 2018. In that year, 335 arrests were made for illegal cannabis sales. In 2019, there were 5,323 arrests for marijuana possession and 450 for marijuana sales. The number of marijuana possession arrests in Idaho slipped further in 2020 to 4,105 but went up to 4,412 in 2021. Also, the number of arrests made for cannabis sales dropped to 440 in 2020 and further declined significantly to 228 in 2021.

Based on the NIBRS arrest data, marijuana crimes accounted for about 52% of the total drug-related arrests in Idaho in 2018. The percentage decreased notably to 21% in 2019 and rose again to 49% in 2020. In 2021, 48% of all arrests made for drug-related offenses in Idaho were marijuana crimes. Overall, there was a slight drop in marijuana crime between 2018 and 2021 in Idaho.

The table below shows the number of drug/narcotic violations, including arrests for marijuana offenses, reported by the Idaho State Police Uniform Crime Reporting (UCR) Program between January 2022 and April 2023:

What is the History of Idaho Marijuana?

Marijuana remains illegal in Idaho as lawmakers have repeatedly defeated attempts to legalize it, even for medical purposes. Since marijuana was first banned in Idaho in 1927 during its nationwide prohibition, attempts to get a voter initiative for cannabis reform on the ballot have failed several times. For instance, such attempts failed in 2012, 2014, 2016, and 2018 because the initiatives were either withdrawn or failed to earn enough signatures. Typically, about 6% of legal votes in each of Idaho's 18 legislative districts are required to file a petition for any initiative.

In 2015, Senate Bill 1146a (SB1146a), which would have legalized cannabidiol oil (CBD oil) for individuals living with epilepsy, passed the state legislature. However, in April 2015, Governor Butch Otter vetoed the bill. A CBD-based drug, Epidiolex, was approved three years later by the FDA and is currently the only available form of legal marijuana in Idaho. The most recent effort to put a medical cannabis initiative on the ballot for the 2022 general election also failed due to funding and organizational problems.