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Idaho Recreational & Medical Marijuana Laws

What's the real status on Idaho marijuana laws?

Many people wonder about the status of marijuana laws in the state they live in. This page contains information on recreational marijuana law, medical marijuana law and the penalties for breaking them in Idaho. We also talk about the legality of CBD within Idaho and if you should be concerned as a resident of Idaho. Here are other ways you may have found this page on Idaho marijuana and CBD laws:
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Idaho Marijuana Laws

Idaho has remained staunchly opposed to allowing the marijuana into the state: both medical and recreational. However, we’re on the border of Nevada, Oregon, and Washington, which have all decriminalized recreational marijuana use, and Utah and Montana, which have decriminalized marijuana for medicinal purposes.

Although Idaho is surrounded by six states and Canada (legal in 2018) allowing some form of marijuana use, Idaho legislatures say no. With a large Mormon population and conservative values, people can’t get over the negative opinions of “Whacky Tobaccy.”

Idaho Medical Marijuana Law

Medical cannabis is not available in Idaho, as its use for patients has not yet been legalized. Currently, only 0% of THC Cannabidiol (CBD) products are legal in Idaho, according to code S37-2701(t). In addition, legal CBD products can only be made from extractions from specific plant areas.

Idaho’s medical marijuana law will create civil and criminal protections for patients with a medical practitioner’s recommendation to use cannabis to treat a debilitating health condition. About medical marijuana in Idaho does not have a medical marijuana program. Possession of cannabis is a crime in Idaho, and medical and recreational marijuana is illegal. In addition, Idaho has one of the most punitive laws in the United States regarding cannabis, whereby possessing minor amounts can be considered a misdemeanor.

Idaho Law on Recreational Marijuana Use

Idaho has six Border States: Montana, Nevada, Oregon, Utah, Washington, and Wyoming. The recreational marijuana is legal in Montana, but there is no sales tax. There is no excise tax levied on recreational marijuana.

Recreational marijuana is legal in Nevada and is subject to a sales tax of 6.85%. Nevada also has a 10% excise tax on all recreational marijuana sales. Recreational marijuana is legal in Oregon and subject to a 17.00% sales tax. Again, there is no excise tax levied on recreational marijuana. Recreational marijuana is legal in Washington and subject to a sales tax of 6.50%. Washington also has a 37% excise tax on all recreational marijuana sales. The recreational marijuana is illegal in Utah and Wyoming, so there is no tax on recreational marijuana in those states.

Idaho Law on the Use of CBD oils

CBD oil comes from the hemp plant and, under Idaho law, is not necessarily considered a controlled substance. Whether CBD oil is a controlled substance depends on (1) whether oil contains THC and (2) the part of cannabis plant from which it is derived. To be excluded from definition of “marijuana,” CBD oil must be derived or produced from (a) the mature stems of the plant, (b) the fiber produced from the stems, (c) the oil or cake made from the seed or achene of that plant, (d) any Another compound, manufacture, salt, derivative, mixture, or the preparation of the mature stems, or (e) the sterile seeds of that plant unable to germinate. Idaho Code § 37-2701(t). Therefore, the CBD oil will be considered a Schedule I controlled substance if it contains any amount of the THC or if it is derived from a part of the cannabis plant that is not expressly permitted under Idaho § 37-270l(t).

Idaho Marijuana Penalties

Idaho law dictates that a person possesses something if they know of its existence and have physical control over it or have the power and intent to control it. Therefore, you may be convicted of marijuana possession if you have actual, constructive, or joint custody (pun unintended).

Actual possession is when you’re found with marijuana, for example, in your pocket or purse. Constructive possession is when marijuana is found in a place you can control, for example, your car, your room, or your office. Remember that it is not enough for the police to find marijuana in your room. They should also prove that you knew he was there.

Joint possession is when it is discovered that more than one person controls marijuana. For example: when couple keeps marijuana in their wardrobe. The severity of the criminal offense of marijuana possession varies greatly depending on how much weight you possess. In Idaho, the possession of up to 3 ounces is a misdemeanor. Possession of an amount greater than 3 ounces is a felony.

Idaho Marijuana Laws in relation to the US Federal Government

As stated before, the US federal government still considers marijuana use illegal for United States citizens, immigrants and tourists. While the federal government still calls marijuana an illegal drug, they have left most enforcement of marijuana law to the US States, partly because the federal government has more important things to deal with on a daily basis. This gives Idaho the power to mostly set and enforce its own marijuana laws regarding recreational and medical marijuana usage, possession and distribution.

Idaho Law and other US States

Idaho's marijuana and CBD laws and penalties are unique to Idaho. Other U.S. States have different legal rules for medical and recreational marijuana usage within the state, as well as CBD. The states that prohibit certain aspects of marijuana also have varying penalties for violation of their laws.

The best thing to do is to be informed and visit our United States marijuana law pages and our individual US state profile pages regarding marijuana and CBD.

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