Idaho Medical Marijuana Laws

Idaho Marijuana Law Overview

Anyone who pleads guilty to or is convicted of an offense under the Idaho Uniform Controlled Substances Act which is punishable by more than 1 year imprisonment must forfeit certain property to the state of Idaho. This includes any property constituting or derived from profits of the violation and any property used in or used to facilitate the violation.

Vehicles and other property may be seized for violations of the Idaho Uniform Controlled Substances Act. Proceedings must commence within 30 days after the seizure. For certain properties, a notice of forfeiture must be provided to all those with an interest in it. Interested partied have 20 days to file an answer from the time that the notice is mailed or published.


Idaho Marijuana Possession Laws

Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.

Possession with intent to distribute marijuana on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.


Idaho Marijuana Cultivation Laws

A conviction for cultivation is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

Cultivation on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

Idaho Marijuana Possession Penalties

  1. Possession with intent to distribute up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000.
  2. Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount possessed was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000.
  3. Possession of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000.
  4. Possession of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed.

A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

A conviction for possession with intent to deliver is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.


Idaho Marijuana Cultivation Penalties

  1. Cultivation of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000.
  2. Cultivation of 1 pound or more, or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount cultivated was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000.
  3. Cultivation of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Cultivation of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000

Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use:

3 oz. or less

Misdemeanor

1 year

$1,000

3 oz. to 1 lb.

Felony

5 years

$10,000

With Intent To Distribute

Less than 1 lb. or 25 plants

Felony

5 years

$15,000

More than 1 lb. or 25 plants

Felony

15 years

$50,000

1 - 5 lbs. or 25 - 50 plants

Felony

1 year

$5,000

5 - 25 lbs. or 50 - 100 plants

Felony

3 years

$10,000

More than 25 lbs. or 100 plants

Felony

5 years

$15,000

Where a person under the age of 18 is present            .

Felony

5 years

$5,000

*Mandatory minimum sentence

Possession of 1 lb. or more, or 25 or more plants is considered trafficking.

Sale or Delivery

Less than 1 lb. or 25 plants

Felony

5 years

$15,000

More than 1 lb. or 25 plants

Felony

15 years

$50,000

1 - 5 lbs. or 25 - 50 plants

Felony

1 year

$5,000

5 - 25 lbs. or 50 - 100 plants

Felony

3 years

$10,000

More than 25 lbs. or 100 plants

Felony

5 years

$15,000

Where a person under the age of 18 is present            .

Felony

5 years

$5,000

*Mandatory minimum sentence

Cultivation

Less than 1 lb. or 25 plants

Felony

5 years

$15,000

More than 1 lb. or 25 plants

Felony

15 years

$50,000

1 - 5 lbs. or 25 - 50 plants

Felony

1 year

$5,000

5 - 25 lbs. or 50 - 100 plants

Felony

3 years

$10,000

More than 25 lbs. or 100 plants

Felony

5 years

$15,000

Where a person under the age of 18 is present            .

Felony

5 years

$5,000

*Mandatory minimum sentence

Possession of 1 lb. or more, or 25 or more plants is considered trafficking.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possession of paraphernalia

Misdemeanor

1 year

$1,000

Manufacture or sale of paraphernalia

Felony

9 years

$30,000

Miscellaneous

Use or intoxication in public

Misdemeanor

6 months

$1,000

Presence at location where marijuana is cultivated or stored.

Misdemeanor

3 months

$300

Maintaining a structure used for selling or storing marijuana product.

Misdemeanor

1 year

$25,000

Possession of marijuana and under 18 will result in driver's license revocation for a period of not more than 1 year.