Idaho Marijuana Laws

Related Ads

Talk to a Criminal Defense Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Marijuana possession, sale, and distribution is regulated by both state and federal law. In Idaho, marijuana is regulated as a Schedule I controlled substance, as a drug with a high potential for abuse and no recognized medical use. (Id. Code Ann. § 37-2705(a).) While not covered below, it is also a crime to drive under the influence of marijuana in Idaho.

To learn about charges and penalties for driving under the influence of marijuana in Idaho, see Driving Under the Influence of Marijuana in Idaho.

Marijuana Possession

It is illegal to knowingly or intentionally possess marijuana in Idaho. (Id. Code Ann. § 37-2732(c).) Penalties vary according to the amount possessed.

  • Up to three ounces. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Id. Code Ann. § 37-2732(c)(3).)
  • More than three ounces. A violation is a felony, punishable with up to five years in prison, a fine of up to $10,000, or both. (Id. Code Ann. § 37-2732(e).)

Cultivation and Distribution

Cultivating or distributing up to one pound of marijuana, or fewer than 25 marijuana plants, is a felony, punishable with up to five years in prison, a fine of up to $15,000, or both. (Id. Code Ann. § 37-2732.)

Present on the premises. It is a misdemeanor to be present on any premises known to be used for marijuana cultivation, storage, or distribution. Penalties include up to 90 days in jail, a fine of up to $300, or both. (Id. Code Ann. § 37-2732(b).)

Conspiracy to cultivate or distribute marijuana. Someone who conspires or works with another person to cultivate or distribute marijuana may be convicted of the applicable crime as if that person had actually committed the illegal act. (Id. Code Ann. § 37-2732(f).)

Cultivation or distribution in presence of a minor.  In addition to the penalties for cultivation and distribution, additional fines and jail time apply to such activities when they're conducted on premises where a minor younger than 18 is present. “Premises” may include a car or other vehicle, a dwelling, hotel, or area surrounding a building where a minor is present. A violation is a felony, punishable with up to five additional years in prison, an additional fine of up to $5,000, or both. (Id. Code Ann. § 37-2737A(1)&(3).)

Trafficking in Marijuana

Cultivating marijuana plants, distributing (selling) marijuana, possessing marijuana with the intent to do these things, or bringing marijuana into Idaho from out of state, are all crimes known as “trafficking in marijuana”. (Id. Code Ann. § 37-2732(a)(1).) Penalties vary according to the amount of marijuana possessed or brought into the state, or the number of plants grown.

  • Between one and five pounds, or between 25 and 50 plants. A violation is a felony, punishable with a mandatory minimum of one year (and up to 15 years) in prison, and a fine of at least $5,000 (and up to $50,000). (Id. Code Ann. § 37-2732B(a)(1)(A).)
  • Between five and 25 pounds, or between 50 and 100 plants. A violation is a felony, punishable with a mandatory minimum of three years (and up to 15 years) in prison, and a fine of  $10,000 to $50,000. (Id. Code Ann. § 37-2732B(a)(1)(B).)
  • 25 or more pounds, or 100 or more plants. A violation is a felony, punishable with a mandatory minimum of five years (and up to 15 years) in prison, and a fine of  $15,000 to $50,000. (Id. Code Ann. § 37-2732B(a)(1)(C).)

Second convictions. A second conviction incurs double the mandatory minimum prison terms according to the amount possessed. However, for any conviction, the maximum prison term is 15 years, and the maximum fine is $50,000. (Id. Code Ann. § 37-2732B(a)(1)(D)&(a)(7).)

Conspiracy to traffic marijuana. Someone who conspires or works with another person to traffic marijuana may be convicted of the applicable crime as if that person had actually committed the illegal act. Penalties apply according to the amount that the conspirators were planning to traffic. (Id. Code Ann. § 37-2732B(b).)

Drug Paraphernalia

It is illegal in Idaho to possess, use, sell, or advertise drug paraphernalia. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation.

  • Possession, use, or advertising. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Id. Code Ann. § 37-2734A.)
  • Manufacture or distribution. A violation is a felony, punishable with up to nine years in prison, a fine of up to $30,000, or both. (Id. Code Ann. § 37-2734B.)

Does Idaho Impose a Stamp Tax on Marijuana?

Yes. A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.

In Idaho, those who buy, transport, or import marijuana into state are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 per gram). (Id. Code Ann. § 63-4203.)

Does Idaho Allow Medical Marijuana Use?

No. All marijuana possession, manufacture, sales, and use is criminalized in Idaho. Penalties vary according to the specific crime, as described above.

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

by: , Contributing Author

Talk to a Defense Lawyer

Charged with a crime? Start here to find a lawyer.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO6:DRU.1.6.2.20140917.28520