In Idaho, all marijuana use leads to prison.

Anything with THC in it—including industrial hemp and full spectrum CBD oil—is considered “marijuana” under state law, and possession of any amount of it is at least a misdemeanor. Cultivation of any “marijuana” plant is a felony and you will go to prison.

Idaho’s Marijuana Criminal Penalties

Merely being in a room where marijuana is stored[1]

  • Misdemeanor, 90 days prison, $300 fine.

Merely being under the influence of marijuana in public[2]

  • 1st & 2nd Offense: Misdemeanor, 6 months prison, $1,000 fine, up to $200 arrest reimbursement
  • 3rd Offense within five years: Misdemeanor, mandatory 120 days to 1 year prison, $1,000 fine.

Merely renting a dwelling to someone you know uses or grows marijuana[3]

  • Misdemeanor, 1 year prison, $25,000 fine.

Possessing marijuana for personal use[4]

  • Up to 3oz: Misdemeanor, 1 year prison, $1,000 fine
  • 3oz up to 1lb: Felony, 5 years prison, $10,000 fine.
  • 1lb or more: Automatically considered possession with intent to distribute.

Possessing marijuana with intent to distribute (punished the same as actual sales or delivery)[5]

  • 1lb up to 5lb: Felony, mandatory 1 year to 15 years prison, mandatory $5,000 to $50,000 fine.
  • 5lb up to 25lb: Felony, mandatory 5 years to 15 years prison, mandatory $10,000 to $50,000 fine.
  • 25lb or more: Felony, mandatory 5 years to 15 years prison, mandatory $15,000 to $50,000 fine.

Growing cannabis plants[6]

  • Up to 24: Felony, 5 years prison, $15,000 fine.
  • 25 to 49: Felony, mandatory 1 year to 15 years prison, mandatory $5,000 to $50,000 fine.
  • 50 to 99: Felony, mandatory 3 years to 15 years prison, mandatory $10,000 to $50,000 fine.
  • 100 and over: Felony, mandatory 5 years to 15 years prison, mandatory $15,000 to $50,000 fine.

Any marijuana possession conviction

  • Driver’s license revoked for up to 1 year[7].
  • Any second offense is subject to double prison term and double the fine[8].
  • Property may be taken by law enforcement if a preponderance of the evidence — not a criminal conviction — ties the property to a marijuana crime[9].
  • Property tied to a marijuana crime will be taken by law enforcement upon a criminal conviction[10].

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Footnotes

[1] Idaho Code Ann. § 37-2732(d)

[2] Idaho Code Ann. § 37-2732C

[3] Idaho Code Ann. § 37-2732(d)

[4] Idaho Code Ann. §§ 37-2732(c)(3), (e)

[5] Idaho Code Ann. §§ 37-2732(a)(1)(B); 37-2732B(a)(1), (7)-(8); 37-2739A

[6] Suspension and deferral are not available for trafficking in marijuana offenses. Parole may not be granted until the minimum sentences are completed. A second offense will receive double the mandatory prison term. Within ten years of a serious drug trafficking offense, a life sentence may be given.

[7] Idaho Code Ann. § 18-1502C(3)(a)

[8] Idaho Code Ann. § 37-2739

[9] Idaho Code §§ 37-2744(d)(3)(D)(IV) (conveyances), 37-2744A(d)(4) (real property), 37-2744(d) (preponderance of the evidence standard).

[10] Ibid.