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Marijuana is completely illegal in Idaho for both medical and recreational purposes. Idaho has some of the strictest cannabis laws in the United States. There is no medical marijuana program, and possession, cultivation, sale, and distribution of marijuana remain criminal offenses with severe penalties. The only exception is FDA-approved medications containing cannabinoids, such as Epidiolex for epilepsy.

• Medical marijuana is illegal in Idaho with no state program.
• Recreational marijuana is illegal in Idaho.
• Possession of 3 ounces or less is a misdemeanor with mandatory minimum $300 fine (effective July 1, 2025), up to 1 year in jail, and up to $1,000 total fine.
• Possession of more than 3 ounces is a felony with up to 5 years imprisonment and up to $10,000 fine.
• All forms of cultivation are illegal and carry felony charges.
• Sale and distribution carry felony charges with mandatory minimum sentences for trafficking.
• Home cultivation is strictly prohibited.
• Only FDA-approved cannabinoid medications (Epidiolex, Marinol, Syndros, Cesamet) are legal.
• Hemp products must contain 0% THC – Idaho law does not allow any THC in hemp products.
• A proposed constitutional amendment will go before voters in November 2026 to prevent citizen ballot initiatives from legalizing marijuana.
• Driving under the influence of marijuana is illegal with criminal penalties.

2015 – CBD Bill Vetoed

• Governor Butch Otter vetoes Senate Bill 1146a, which would have legalized CBD oil for children with intractable epilepsy.

2021 – Hemp Legalization

• Idaho becomes the last state to legalize industrial hemp production with 0% THC requirement.

2021-2024 – Multiple Ballot Initiative Attempts Fail

• Various attempts to place medical marijuana initiatives on the ballot fail due to signature requirements and legal challenges.

2025 – Mandatory Minimum Fines Enacted

• Governor Brad Little signs House Bill 7 creating mandatory minimum $300 fine for marijuana possession offenses effective July 1, 2025.

2025 – Anti-Marijuana Constitutional Amendment Passes Legislature

• Legislature passes House Joint Memorial 4, proposing constitutional amendment to give legislature sole authority over marijuana legalization, blocking citizen initiatives.

2026 – Constitutional Amendment on Ballot

• Voters will decide in November 2026 whether to approve constitutional amendment preventing citizen ballot initiatives from legalizing marijuana.

Idaho does not have legal possession limits for marijuana because all marijuana possession is illegal.

• Possession of any amount of marijuana is illegal in Idaho.
• Possession of 3 ounces or less is a misdemeanor: mandatory minimum $300 fine (starting July 1, 2025), up to 1 year in jail, and up to $1,000 total fine.
• Possession of more than 3 ounces is a felony: up to 5 years imprisonment and up to $10,000 fine.
• Possession of 1 pound or more constitutes trafficking: mandatory minimum 1 year imprisonment and $5,000-$50,000 fine.
• Cultivation of any amount is illegal with felony charges.
• There is no medical marijuana program, so no legal possession exists for patients.
• Transporting marijuana into Idaho from neighboring states where it is legal remains illegal and can result in drug trafficking charges.