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Idaho Marijuana Laws
Idaho marijuana laws are somewhat stringent, especially for those involved in the sale and cultivation of marijuana. Department of Justice statistics have around 3,000 people yearly being arrested for marijuana offenses in the state. In addition, the DEA estimates that Idaho produces close to 90,000 pounds of marijuana yearly with a street value of upwards of $600 million dollars.
Medical Marijuana Users
At present, Idaho has no medical marijuana laws, although some towns have established initiatives of their own to explore the issue.
Non-Medical Users:
Idaho treats all marijuana users as non-medical marijuana users. For first time, non-violent offenders, Idaho law is somewhat tolerant, but for any users who cultivate or sell marijuana, the penalties are strict. Idaho also uses the tax stamp law to further penalize those caught with marijuana. The tax stamp law charges $3.50 per gram, or $775 per plant in tax, and those without the tax (which is nearly everybody) are penalized 200% of the tax and punished for tax evasion.
Penalties for Marijuana Use and Possession in Idaho:
|
Under the influence or use in public |
Misdemeanor |
Penalties include up to 6 months in jail and a $1,000 fine |
|
Possession of 3 ounces or less |
Misdemeanor |
Penalties include up to 1 year in jail and fines up to $1,000 |
|
Possession of more than 3 ounces |
Felony |
Penalties include up to 5 years in jail and fines of up to $10,000 |
Penalties for Growing, Selling and Trafficking Marijuana:
Sale or Cultivation:
|
1 lb or less, or under 25 plants |
Felony |
Penalties include up to 5 years in jail and a $15,000 fine |
|
1 to 5 pounds or 25-49 plants |
Felony |
Penalties include a Mandatory Minimum of 1 year in jail and a fine ranging from $5,000-$50,000 |
|
5 to 25 pounds or 50-99 plants |
Felony |
Penalties include a Mandatory Minimum of 3 years in jail and a fine ranging from $10,000-$50,000 |
|
More than 25 pounds or more than 100 plants |
Felony |
Penalties include a Mandatory Minimum of 5 years in jail and a fine ranging from $15,000-$50,000 |
|
Sale to a minor 3 years younger than seller |
Felony |
Double penalty for jail time and fine |
|
Sale where minors are present |
Felony |
An additional 5 years of jail and $5,000 fine |
Miscellaneous:
|
Knowingly present in area of drug activity |
Misdemeanor |
Penalties include up to 90 days in jail and a $300 fine |
|
Paraphernalia Possession |
Misdemeanor |
Penalties include up to 1 year in jail and a $1,000 fine |
|
Sale of manufacture of paraphernalia |
Felony |
Up to 9 years in jail and a $1,00 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
Idaho has no DUID or driving under the influence of Marijuana laws.
Legal Help with a Marijuana Offense
Being charged with a marijuana violation in Idaho is a serious offense, and if you are facing such a charge, you should consult a marijuana lawyer immediately. An experienced marijuana attorney will be able to guide you through the Idaho legal process and explore all your legal options to ensure you receive the best judgment possible, be it a plea bargain or even outright dismissal.