No, marijuana is illegal in Idaho. It is considered a Schedule I controlled substance under state law, and its sale and use for medical or recreational purposes are prohibited. Similarly, it is unlawful for anyone to deliver, manufacture, or possess with the intent to deliver or manufacture cannabis for any reason in Idaho. Being a Schedule I controlled substance, the state firmly believes that marijuana users have a high potential to abuse it.
Idaho is hesitant to legalize cannabis because there is currently no accepted medical use at the federal level. Idaho's position is that the marijuana plant components be properly evaluated by the same scientific process through which the Food and Drug Administration (FDA) tests every legal medication in the country. While the Idaho Office of Drug Policy has continually opposed cannabis legalization, it approves the use of Epidiolex, an FDA-approved CBD-based drug for persons with epilepsy in the state.
Cannabis remains illegal in Idaho even into 2024. The state law strictly prohibits the cultivation, selling, possession, and distribution of marijuana for medical and recreational purposes. As a result, it is illegal for anyone to purchase cannabis in states where marijuana is legal and travel to Idaho with it. If caught, such an individual may be charged with drug trafficking, a federal offense. Similarly, as stipulated in Idaho Code Title 18 Chapter 80, it is illegal to operate a motor vehicle under the influence of drugs, including marijuana.
There have been several attempts to put medical cannabis on Idaho's ballot for over 10 years but to no avail. However, a certain activist group is now moving to put a new initiative on the 2024 ballot and legalize medical marijuana in the state. The group must obtain about 74,000 signatures from registered Idaho voters in 18 legislative districts of the state to put the initiative on the 2024 ballot. A marijuana bill, House Bill 370, was introduced during Idaho's 2023 legislative session. However, the bill, which was a personal bill, was meant to begin a discussion rather than to be passed into law. It has failed to advance and is considered dead in the state’s legislature.
Over the years, United States lawmakers have made efforts to legalize cannabis via comprehensive reforms. Such reforms include the Marijuana Opportunity, Reinvestment, and Expungement Act of 2020 (MORE Act) and the MORE Act of 2022. Among other things, these bills sought to eliminate penalties for federal marijuana crimes, delist marijuana from the Schedule I drugs category under the Controlled Substances Act, and expunge past marijuana convictions.
In October 2022, President Biden, via a released statement, pardoned federal offenses of simple cannabis possession. The president also directed the Attorney General and the Secretary of Health and Human Services to review marijuana's classification as a Schedule I drug. However, attempts to legalize marijuana at the federal level stalled in 2022. The following bills have been introduced in an attempt to legalize cannabis federally:
The Marijuana 1-to-3 Act was introduced in January 2023, and it aims to move cannabis to a lower schedule of the Controlled Substances Act. The bill was on 27th January 2023, referred to the Committee on Energy and Commerce, and will be there for a period to be subsequently determined by the speaker.
In April 2023, a lawmaker reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment Act (PREPARE Act). This bill was reintroduced to set the basis for adult-use cannabis legalization at the federal level. It seeks to convene a diverse group of experts to collaborate on marijuana reform and provide lawmakers with the information required to develop a comprehensive federal regulatory system.
Under the PREPARE ACT, a Commission on the Federal Regulation of Cannabis would be established by the Attorney General to review state and regulatory models. This study would enable the Attorney General to make recommendations on cannabis regulations. If enacted, the PREPARE Act may not have a practical effect on the marijuana industry in the short term. However, it will arm lawmakers with tools to establish a regulatory system to legalize marijuana at the federal level.
The SAFE Banking Act of 2023 (Secure and Fair Enforcement Banking Act) was also introduced in April 2023 and is currently with the Committee on Banking, Housing, and Urban Affairs (BHUA). The Act seeks to create a safe harbor from asset forfeiture, prosecution, and other liability for financial institutions serving marijuana businesses. At a hearing of the Senate BHUA, Senator Warren highlighted the importance of passing the SAFE Banking Act and advocated for the federal legalization of cannabis.
No, marijuana use is currently illegal in Idaho. The state prohibits cannabis for medical and recreational purposes. The only exception is the use of Epidiolex, a THC-free CBD-based drug approved by the FDA for individuals with intractable epilepsy. As of Jnauary 2024, Epidiolex is the only available form of legal marijuana in Idaho.
There is no legal marijuana market in Idaho, as the state prohibits all cannabis activities, including sales of marijuana and marijuana paraphernalia. Simple possession of cannabis is an offense in the state, but possession with intent to sell is a more grave offense. Idaho's cannabis laws include prosecution for marijuana sales, and anyone caught selling marijuana for medical or recreational purposes risks fines and jail terms.
Idaho is uncompromising on marijuana crimes, and penalties for marijuana-related offenses range from fines to incarceration. The severity of such penalties depends on the nature of the offense and the amount of cannabis involved, as listed below:
Possessing 25 or more marijuana plants or 1 pound or more of cannabis is considered marijuana trafficking in Idaho, and it is a felony that attracts up to a $50,000 fine and up to 15 years jail sentence as listed below:
The penalties for possessing, distributing, and delivering hash and concentrates in Idaho are the same as those for marijuana.
Individuals convicted of marijuana offenses in Idaho may have their properties, including vehicles, seized by the state
The best way to defend against violating Idaho marijuana laws during prosecution is to employ the services of a marijuana defense lawyer. However, a defendant can still explore the following as possible remedies to their situation:
Marijuana has always been illegal in Idaho, and the state has one of the most stringent cannabis laws in the United States. Several attempts to legalize medical marijuana between 2012 and 2018 via ballot initiatives failed for various reasons. Another attempt to put a medical marijuana initiative on the 2022 ballot also failed. In 2015, the state lawmakers passed Senate Bill 1146a, a bill that sought to provide legal defense for guardians and parents of children using CBD oil to relieve epileptic seizures. However, despite gaining massive support, Governor G.L. Otter rejected it, preventing the bill from passing.
In 2018, Representative Dorothy Moon introduced House Bill 410, an attempt to legalize the medical use of CBD. The bill stated the need for registration for patients who use CBD oil to ensure its passage, but it did not pass because of certain conflicts with the Gun Control Act of 1968. Under this Act, individuals using or addicted to marijuana are prohibited from carrying firearms. Introduced as a personal bill in 2023, House Bill 370 sought to legalize medical cannabis but did not advance.
Every marijuana activity, including selling, possession, cultivation, manufacture, distribution, and delivery of cannabis for medical or recreational purposes, is prohibited in Idaho. The state metes out severe penalties on violators of its marijuana laws.