Medical Marijuana Idaho Frequently Asked Questions

When Will Marijuana Be Legal in Idaho?

Despite the growing popularity of marijuana, Idaho is one of the minority states that still prohibit possession and use of cannabis for both medical and recreational use.

Neighboring states, including Nevada, Utah, Oregon, Washington, and Montana, have legalized medical marijuana, leaving the Gem State far behind.

Surprisingly, there is plenty of support for medical marijuana in the state. A recent poll found that 79% of residents favor medical marijuana. However, it still isn’t legal.

So, when will marijuana be legal in Idaho? We don’t know, but efforts have been made toward Idaho legalization.

What are the Legalization Efforts?

Cannabis was first outlawed in the Gem State in 1927 during the prohibition era when a wave of cannabis prohibition swept the nation. Since then, it has remained illegal despite attempts to reform marijuana laws in Idaho. 

Ballot initiatives in 2012 and 2014 failed to gather the required number of votes, so they couldn’t make it to the ballot where the people would have had their say directly and avoided lengthy bureaucratic processes.

In 2018, another ballot initiative to make marijuana legal in Idaho came to a halt after the organizer quit to care for her sick son. Yet another ballot initiative in 2020 was suspended when the COVID-19 pandemic broke out.

A marijuana campaign — The Idaho Way —launched another initiative to get marijuana legalization on November 2022 ballot. But, again, the initiative failed to gather the required number of signatures. The initiative said its aim was “legalizing possession, use, and transfer of up to three ounces of marijuana by persons at least twenty-one years old.”

We don’t know when marijuana will be legal in Idaho, but we’re keeping a close eye on events, and if anything changes, you’ll hear it here first.

Is it Legal to Smoke Marijuana in Idaho?

Marijuana is completely illegal in Idaho, both for medical and recreational purposes. The Idaho Office of Drug Policy states, “Marijuana is a Schedule I controlled substance under Idaho Law. It is illegal for any person to manufacture, deliver, possess with intent to manufacture or deliver, or possess marijuana, which refers to all parts of the plants of the genus cannabis, including any preparation of cannabis which contains tetrahydrocannabinol.”

Can You Get a Medical Marijuana Card in Idaho?

It is possible to get a medical marijuana card only in states where medical marijuana is legal. Since all forms of marijuana – including medical marijuana — are illegal in Idaho, you can’t get an Idaho medical marijuanas card because the state does not have a medical marijuana program.  

Are Marijuana Dispensaries Legal in Idaho?

Again, marijuana is illegal in Idaho, meaning there are no licensed marijuana dispensaries in Idaho, and anyone the state officials catch selling marijuana will face steep penalties.

Sale or delivery of up to one pound of marijuana or up to twenty-four marijuana plants is a felony punishable by jail time of up to five years and/or a fine of up to $5000.

Anyone who delivers or imports one pound or more of marijuana or twenty-five marijuana plants will face a marijuana trafficking charge. The penalty is up to 15 years in prison and a maximum fine of $50,000.

Is Growing Marijuana Legal in Idaho With a License?

Since marijuana is illegal, the state does not issue licenses for marijuana cultivation. There are no Idaho medical marijuana laws under which you can get a license. The penalties for marijuana cultivation in Idaho are very harsh, as they intend to discourage marijuana cultivation.

If the authorities catch you growing up to one pound of marijuana or twenty-four plants, they will charge you with a felony, and the penalty is up to five years in prison and/or a $5000 maximum fine.

If you grow one pound or more or twenty-five plants and above, you’ll face a charge of marijuana trafficking, and it is punishable by fifteen years imprisonment and a $5000 maximum fine.

Is it a Misdemeanor to Have Marijuana in Idaho?

It depends on how much marijuana you possess. It is a misdemeanor if you have three ounces or less, but possessing over three ounces is a felony.

Has Anyone in Idaho Been Arrested for Using Medical Marijuana?

Idaho marijuana laws are not only severe, but they are also strictly enforced. According to information from the FBI, there have been many arrests and convictions for marijuana offenses.

Note that Idaho makes no distinction between medical marijuana and recreational marijuana. All forms of marijuana are classed as Schedule I drug.  

What is the Fine for Possession of Marijuana in Idaho?

Possession of three ounces or less is a misdemeanor punishable by one year in prison and/or a $1000 maximum fine.

However, the possession of more than three ounces but less than a pound is a felony punishable by five years in prison and a $10,000 maximum fine.

Possession with intent to distribute carries a more severe penalty than simple possession. If you obtain up to one pound of marijuana or twenty-four plants with intent to distribute, that is a felony punishable by maximum jail time of up to five years and a fine of up to $15,000. Possession of one pound or more of marijuana or 25 plants or more with intent to distribute is considered marijuana trafficking, a felony punishable by a maximum jail term of up to fifteen years and a fine of up to $50,000.