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Jenny Bloom

December 10, 2019

The Idaho Uniform Controlled Substances Act classifies cannabis as a Schedule I hallucinogenic drug. This act does not allow for the legal use of medical marijuana. Possession of marijuana in any form is punishable by law in the state of Idaho.

Possessing Marijuana in Idaho

In Idaho, possessing less than 3 ounces of cannabis for personal use could lead to a fine up to $1,000 and/or 1 year of incarceration. If the offender is found to possess between 3 ounces and 1 pound, the person faces a fine up to $10,000 and/or 5 years of incarceration.

Possession with intent to distribute is also punishable under state law. These are considered felonies punishable as follows:

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• Less than 24 plants or less than 1 pound = Up to 5 years in prison and/or up to $15,000 fine

• More than 25 plants or over 1 pound = Considered drug trafficking and punishable with up to 15 years in prison and up to $50,000 fine

• 1 to 5 pounds OR 25 to 50 plants = Mandatory 1 year incarceration and mandatory fine of no less than $5,000

• 5 to 25 pounds OR 50 to 100 plants = Mandatory 3 years’ incarceration and mandatory fine of no less than $10,000

• More than 25 pounds OR more than 100 plants = Mandatory 5 years’ incarceration and mandatory fine of no less than $15,000

Deferred and suspended sentences are not allowed in cases of cannabis trafficking. Minimum sentences must be completed in full before parole can be granted. For second offenses, the mandatory minimum prison term is doubled.

Selling Marijuana in Idaho

Idaho does not allow the legal use of medical marijuana or cannabis for personal use. Therefore, it’s a crime to sell it in this state. The punishments for selling cannabis in Idaho are as follows:

Selling_Marijuana
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• Delivering less than 24 plants or 1 pound = Up to $15,000 fine and/or up to 5 years’ incarceration

• Delivering or importing over 25 plants or 1 pound into Idaho is a marijuana trafficking offense = Up to $50,000 fine and up to 15 years’ incarceration

• Delivering or importing 25 to 50 plants OR 1 to 5 pounds = Mandatory minimum fine of $5,000 and mandatory minimum sentence of 1 year of incarceration

• Delivering or importing 50 to 100 plants OR 5 to 25 pounds = Mandatory minimum fine of $10,000 and mandatory minimum sentence of 3 years’ incarceration

• Delivering or importing over 100 plants OR 25 pounds = Mandatory minimum fine of $15,000 and mandatory minimum sentence of 5 years’ incarceration

• Marijuana trafficking in Idaho = Maximum fine of $50,000 and maximum prison sentence of 15 years (second offenses come with doubled prison terms)

For trafficking offenses, suspended and deferred sentences are not allowed. Also, the minimum sentence must be served completely before the offender can be released on parole.

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Growing and Manufacturing Marijuana in Idaho

Marijuana is a Schedule I substance in the state of Idaho. Therefore, it’s illegal to possess, as well as grow or manufacture cannabis in any form. Sentencing laws for cultivating marijuana in Idaho are as follows:

• Growing less than 24 plants or 1 pound = Up to $15,000 fine and/or up to 5 years in prison

• Growing more than 25 plants or 1 pound is marijuana trafficking = Up to $50,000 fine and up to 15 years in prison

• Growing 25 to 50 plants OR 1 to 5 pounds = Mandatory minimum fine of $5,000 and mandatory minimum sentence of 1 year incarceration

• Growing 50 to 100 plants OR 5 to 25 pounds = Mandatory minimum fine of $10,000 and mandatory minimum sentence of 3 years’ incarceration
• Growing over 100 plants OR 25 pounds = Mandatory minimum fine of $15,000 and mandatory minimum sentence of 5 years’ incarceration

• Marijuana trafficking in Idaho = Maximum fine of $50,000 and maximum prison sentence of 15 years (second offenses come with doubled prison terms)

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Those deemed as marijuana traffickers by the court are not subject to suspended and deferred sentences. Also, their minimum sentences must be served out fully before they can be released on parole.

Any person found guilty of cultivating cannabis on premises in Idaho where anyone under the age of 18 is present is a serious felony offense. It’s punishable by a fine up to $5,000 and a prison sentence of up to 5 years.

Using Marijuana in Idaho

There are no medical marijuana laws in Idaho. And, the state does not allow the legal use of marijuana for personal use. Therefore, it is illegal to use cannabis in this state.

Because of the strict laws of the Idaho Uniform Controlled Substances Act, possessing drug paraphernalia is also a crime. Although classified as a misdemeanor, it’s punishable by a fine up to $1,000 and up to 1 year of incarceration. Selling or manufacturing drug paraphernalia is considered a felony offense. It comes with a fine up to $30,000 and 9 years in prison.

Using Marijuana

Idaho classifies marijuana concentrates and hashish as Schedule I drugs. Within the section of the statute that defines marijuana, every type of plant and anything derived from it falls under this classification. The section which pertains to penalties specifically mentions cannabis, any preparation of it or any substance extracted from it that contains tetrahydrocannabinol (THC).

In other words, the state does not consider cannabis concentrates or hashish to be separate from marijuana itself. Therefore, state penalties for both are treated as if the substance was in the pure cannabis form.

Breaking the Marijuana Laws in Idaho

Any person found using or being under the influence of cannabis in a public place or on private property open to the public in Idaho is guilty of a misdemeanor. This crime is punishable by a fine up to $1,000 and/or 6 months in jail.

If a person is found guilty of being present at a location where the storage or cultivation of cannabis was taking place, they are subject to up to a $300 fine and up to 3 months in jail. A person who’s convicted of maintaining a structure for the purpose of storing or selling cannabis is subject to a fine of $25,000 and 1 year incarceration.

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Anyone who violates the marijuana possession, sale and/or cultivation laws in Idaho are required to undergo an evaluation by a substance abuse specialist. If it’s a first offense, and it’s just a simple possession charge, this required evaluation may be waived if the court believes treatment is unnecessary.

However, if it is required, the results of the evaluation will be used to help the judge determine the appropriate sentence. In some cases, the state orders mandatory drug treatment.

For offenders who have never been convicted of felonies, the judgment can be withheld. This is also true for those with no possession, sales or cultivation convictions, as well as convictions for driving under the influence.

To qualify, the offender must cooperate with the efforts of law enforcement, and the court must have reasons to believe probation can be completed successfully. If the offender is granted probation, no less than 100 hours of community service will also be required.

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Second-time and subsequent offenders are subject to fines and incarceration terms that are double what’s authorized by law.

A person under the age of 18 convicted of possession of marijuana will lose driving privileges. The state will revoke the offender’s driver’s license for up to 1 year.

Idaho’s tax stamp rate is currently $3.50 per gram or $775 per marijuana plant. Non-payment is considered tax evasion. This crime is punishable with a 200% increase in the tax rate.

Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]

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