Idaho is a state located in the northwestern region of the United States. It is known for its rugged landscape, including the Rocky Mountains, forests, and vast agricultural lands. Idaho is also known for its strong agricultural industry, with potatoes being the state’s most famous crop. The state is a popular destination for outdoor enthusiasts, with plenty of hiking, skiing, and fishing opportunities. Idaho is also known for its conservative political views, especially when it comes to cannabis. Here’s what you need to know about weed in the Gem State.
Is Weed Legal in Idaho? Straight to the point.
- Recreational THC: No
- Medical THC: No
- CBD: Yes
- Delta-8: No
Weed is Illegal in Idaho
Idaho is widely known for having some of the strictest marijuana laws in the country. The use, possession, and sale of marijuana in any form are illegal in Idaho, and those caught with even small amounts can face severe consequences such as fines and jail time. Despite the growing trend of marijuana legalization and the recognition of its medical benefits in many states, Idaho has yet to make any changes to its laws.
As a result, individuals who may benefit from medical marijuana for qualifying conditions cannot legally access it, and those who use it recreationally face harsh penalties. This strict stance on marijuana has earned Idaho a reputation as one of the most severe states for marijuana use.
Cannabinoid Variants
In addition to marijuana-derived substances, hemp-derived cannabinoids have recently gained massive popularity. While plenty of states have adopted these products, Idaho remains strict.
Is CBD legal in Idaho?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution.
Idaho legalized the use and sale of CBD in 2022, but it must contain absolutely NO THC. This means that only isolated CBD products are allowed, and no full or broad-spectrum products are legal. This is in stark contrast to the entire rest of the nation.
Is Delta-8 legal in Idaho?
Delta-8 THC is illegal in Idaho. Despite being a minor cannabinoid found in hemp, Delta-8 THC has been deemed illegal by the Idaho State Police due to its close relationship to Delta-9 THC, the main psychoactive component of marijuana.
In Idaho, any substance that contains Delta-9 THC is considered illegal, regardless of its source or concentration. This includes Delta-8 THC, which has been classified as a controlled substance in the state. As a result, individuals who use or possess Delta-8 THC products in Idaho may face legal consequences, including fines and jail time.
Is Delta-10 legal in Idaho?
Delta-10 THC is a variation of THC, similar to Delta-8 and Delta-9 THC. Due to its relationship with these compounds, it is considered illegal by Idaho state law. Idaho maintains a stringent stance on marijuana, prohibiting all forms of marijuana and its derivatives, including those that do not produce mind-altering effects.
Are THC-O and other THC variants legal in Idaho?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Idaho?
Hemp-derived compounds, including HHC and HHC-O, are illegal in Idaho. The state is one of the few that still bans hemp extracts, including Delta-8 THC and HHC. In Idaho, only CBD in isolate form is considered legal.
Cultivation Laws
In Idaho, the cultivation of marijuana and its derivatives is illegal and carries strict consequences. The state has established penalties for various levels of marijuana cultivation, with fines and jail time increasing in severity based on the amount of marijuana involved.
Individuals who are caught growing up to 1 lb or up to 24 plants can face a felony charge, with a sentence of up to 5 years in jail and a $15,000 fine. For those caught growing 1 to less than 5 lbs or 25 to less than 50 plants, the consequences include a mandatory minimum sentence of 1 year in jail and a $50,000 fine.
Cultivation of 5 to less than 25 lbs or 50 to less than 100 plants results in a mandatory minimum sentence of 3 years in jail and a $50,000 fine. If caught growing 25 lbs or more or 100 plants or more, the penalty is a mandatory minimum sentence of 5 years in jail and a $50,000 fine.
The presence of a person under the age of 18 during cultivation increases the penalty to a 5-year mandatory minimum sentence and a $50,000 fine. Possession of 1 lb or more, or 25 or more plants is considered trafficking in Idaho and is punished with similarly severe consequences.
Where to Buy Weed in Idaho
With no legal avenues for sale, you cannot under any circumstance legally purchase cannabis in Idaho. That leaves only risky, illegal channels.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Direct to Consumer
CBD consumers in Idaho may buy CBD products in retail stores or from various retailers online.
Efforts to Legalize Weed in Idaho
Idaho is one of only 12 states that has not yet legalized medical marijuana. The state has pushed back on ballot initiatives for over a decade, yet proponents in favor of legal weed continue to push for some progression. Kind Idaho continues to gather signatures in favor of medical marijuana. They are hopeful for a 2024 ballot initiative.
Idaho lawmakers have taken a firm stance that they do not intend to legalize it anytime soon.
Is Drug Testing Legal in Idaho?
In Idaho, employers are allowed to conduct drug testing, including testing for THC, but they must follow specific rules and guidelines. Idaho has not legalized medical or recreational marijuana, so employers are not required to accommodate marijuana use for any reason. Employers must have a written drug testing policy that is communicated to all employees, and testing should be private and fair.
Employees should not be subjected to unnecessary invasion of privacy, and the testing should be done in a non-discriminatory manner. If an employee tests positive, employers can take disciplinary action, which may include termination, even if the employee used marijuana legally in another state. It’s important to note that certain employees, such as those in safety-sensitive positions, may be subject to additional drug testing requirements.
General FAQ
Where can you smoke weed in Idaho?
It is illegal to smoke weed in Idaho, as the use, sale, and cultivation of marijuana and its derivatives, including weed, is prohibited by state law. This means that individuals cannot smoke weed in any public or private place in the state. This strict stance on marijuana use makes it difficult for individuals to access these substances and use them for recreational or medicinal purposes.
Can you smoke weed in public in Idaho?
Plain and simple No! It is illegal to smoke weed in public in Idaho or any other part of Idaho.
Punishment for Illegal Acts FAQ
What are the penalties for growing weed?
See Cultivation Laws above for more information about the punishments for growing weed in Idaho.
What are the penalties for selling, gifting, transporting, or importing weed?
In Idaho, selling, gifting, transporting, or importing weed is illegal and carries severe penalties. The severity of the penalty depends on the amount involved in the transaction.
Possession of up to 1 lb or up to 24 plants is considered a felony and can result in a jail sentence of up to 5 years and a fine of $15,000.
Possession of 1- less than 5 lbs or 25- less than 50 plants is a felony and carries a minimum jail sentence of 1 year and a fine of $50,000.
Possession of 5 – less than 25 lbs or 50 – less than 100 plants is a felony and carries a minimum jail sentence of 3 years and a fine of $50,000.
Possession of 25 lbs or more or 100 plants or more is a felony and carries a minimum jail sentence of 5 years and a fine of $50,000.
What is the penalty for selling to a minor?
In Idaho, it is illegal to sell weed to a minor. This is considered a serious offense and is subject to severe penalties. If a person under the age of 18 is present during the sale, it is considered a felony with a minimum jail sentence of 5 years and a fine of $5,000. The state takes this crime seriously and enforces harsh penalties to deter individuals from selling marijuana to minors.
What is possession with the intent to sell?
In Idaho, possession of marijuana with the intent to sell is considered a serious crime and is subject to severe penalties. If a person is found to be in possession of 1 lb or more, or 25 or more plants, it is considered trafficking and is punished with a minimum jail sentence of 1 year and a fine of $50,000.
What are the penalties for possession for personal use?
If you are caught with up to three ounces of marijuana, it is considered a misdemeanor. The fines range up to $1,000 with up to 1 year in prison. As the amount increases, so do the penalties.
