| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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Personal Use |
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| 3 oz or less | Misdemeanor | 1 year | $ 1,000 |
| 3 oz - less than 1 lb | Felony | 5 years | $ 10,000 |
With intent to distribute |
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| 1 - less than 5 lbs or 25 - less than 50 plants | Felony | 1 year* | $ 50,000 |
| 5 - less than 25 lbs or 50 - less than 100 plants | Felony | 3 years* | $ 50,000 |
| 25 lbs or more or 100 plants or more | Felony | 5 years* | $ 50,000 |
| Where a person under the age of 18 is present | Felony | 5 years | $ 5,000 |
| * Mandatory minimum sentence | |||
| Possession of 1 lb or more, or 25 or more plants is considered trafficking. | |||
Sale or Delivery |
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| Up to 1 lb or up to 24 plants | Felony | 5 years | $ 15,000 |
| 1 - less than 5 lbs or 25 - less than 50 plants | Felony | 1 year* | $ 50,000 |
| 5 - less than 25 lbs or 50 - less than 100 plants | Felony | 3 years* | $ 50,000 |
| 25 lbs or more or 100 plants or more | Felony | 5 years* | $ 50,000 |
| Where a person under the age of 18 is present | Felony | 5 years | $ 50,000 |
| * Mandatory minimum sentence | |||
Cultivation |
|||
| Up to 1 lb or up to 24 plants | Felony | 5 years | $ 15,000 |
| 1 - less than 5 lbs or 25 - less than 50 plants | Felony | 1 year* | $ 50,000 |
| 5 - less than 25 lbs or 50 - less than 100 plants | Felony | 3 years* | $ 50,000 |
| 25 lbs or more or 100 plants or more | Felony | 5 years* | $ 50,000 |
| Where a person under the age of 18 is present | Felony | 5 years | $ 50,000 |
| * Mandatory minimum sentence | |||
| Possession of 1 lb or more, or 25 or more plants is considered trafficking. | |||
Hash & Concentrates |
|||
| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia |
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| Use or possession of paraphernalia | Misdemeanor | 1 year | $ 1,000 |
| Manufacture or sale of paraphernalia | Felony | 9 years | $ 30,000 |
Forfeiture |
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| Vehicles and other property may be seized. | |||
Miscellaneous |
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| Use or intoxication in public | Misdemeanor | 6 months | $ 1,000 |
| Presence at location where marijuana is cultivated or stored | Misdemeanor | 90 days | $ 300 |
| Maintaining a structure used for selling or storing marijuana | Misdemeanor | 1 year | $ 25,000 |
Penalty Details
Possession for Personal Use
Possession of three ounces or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than three ounces but less than one pound, it is a felony punishable by up to five years imprisonment and/or a fine up to $10,000.
- Idaho Code Ann. § 37-2732(c)(3), (e)
Possession with Intent to Distribute
Possession with intent to distribute up to one pound or up to 24 plants of marijuana is a felony punishable by up to five years imprisonment and/or a fine up to $15,000.
Possession of one pound or more, or 25 or more plants, is considered trafficking in marijuana and is a felony. If the amount possessed is one pound or more but less than five pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of one year imprisonment and a minimum fine of $5,000 and up to $50,000.
Possession of five pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants of marijuana receives a mandatory minimum fixed term of three years imprisonment and a minimum fine of $10,000 and up to $50,000.
Possession of 25 pounds or more, or 100 plants or more of marijuana receives a mandatory minimum fixed term of five years imprisonment and a minimum fine of $15,000 and up to $50,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000.
- Idaho Code Ann. § 37-2732(c)(3), (e)
- Idaho Code Ann. § 37-2732B(a)(1)(A), (B), (C)
- Idaho Code Ann. § 37-2732B(a)(1)(A)
Sale/Delivery
Delivery of up to one pound or up to 24 plants of marijuana is a felony punishable by up to five years imprisonment and/or a fine up to $15,000. Delivery or import into Idaho of one pound, or more or 25 plants or more, is considered trafficking in marijuana and is a felony punishable by up to 15 years imprisonment and a fine up to $50,000.
If the amount delivered or imported was one pound or more but less than five pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of one year imprisonment and a minimum fine of $5,000 and up to $50,000.
Delivery or import into Idaho of five pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants of marijuana receives a mandatory minimum fixed term of three years imprisonment and a minimum fine of $10,000 and up to $50,000.
Delivery or import into Idaho of 25 pounds or more, or 100 plants or more of marijuana receives a mandatory minimum fixed term of five years imprisonmentand a minimum fine of $15,000 and up to $50,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000.
Delivery on premises where a person under the age of 18 is present is a felony punishable by up to five years imprisonment and/or a fine up to $5,000.
- Idaho Code Ann. § 37-2732(a)(1)(A)
- Idaho Code Ann. § 37-2732B(a)(1)(A), (B), (C)
- Idaho Code Ann. § 37-2737A
Cultivation
Cultivation of up to one pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Cultivation of one pound or more, or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000.
If the amount cultivated was one pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of one year imprisonment and a minimum fine of $5,000 and up to $50,000.
Cultivation of five pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of three years imprisonment and a minimum fine of $10,000 and up to $50,000.
Cultivation of 25 pounds or more, or 100 plants or more of marijuana receives a mandatory minimum fixed term of five years imprisonment and a minimum fine of $5,000 and up to $50,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000.
Cultivation on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.
- Idaho Code Ann. § 37-2732(a)(1)(A)
- Idaho Code Ann. § 37-2732B(a)(1)(A), (B), (C)
- Idaho Code Ann. § 37-2737A
Hash & Concentrates
Hashish is classified as a Schedule I drug in Idaho. The Definitions section of the statute includes Hashish and Marijuana Concentrates when it defines Marijuana as the plant and every derivative preparation of it. The Penalties section reinforces this interpretation by explicitly including, as Marijuana, any extract or preparation of cannabis which contains tetrahydrocannabinol. The statute never explicitly refers to Hashish or Marijuana Concentrates as being separate from Marijuana. Therefore, the penalties for hashish and THC concentrates should be the same as for marijuana. Please see the above marijuana section for further information.
- Idaho Code Ann. § 37-2701(u)
Paraphernalia
Use or possession of paraphernalia is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000.
Manufacture or sale of drug paraphernalia is a felony punishable by up to 9 years imprisonment and/or a fine up to $30,000.
- Idaho Code Ann. § 37-2734A
- Idaho Code Ann. § 37-2734B
Forfeiture
Vehicles and other property may be seized for violations of the Idaho Uniform Controlled Substances Act.
- Idaho Code Ann. §§ 37-2801, 37-2744, 37-2744A
Miscellaneous
Use or intoxication in public
Using or being under the influence of marijuana on public property or on private property open to the public is a misdemeanor punishable by up to six months imprisonment and/or a fine up to $1,000.
Presence at location where marijuana is cultivated or stored
Presence at or on the premises where marijuana is cultivated or held for distribution, transportation, delivery, or use is a misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $300.
Knowingly maintaining a structure used for drug offenses
It is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $25,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.
- Idaho Code Ann. § 37-2732C
- Idaho Code Ann. § 37-2732(d)
- Idaho Code Ann. § 73-2733(a)(5), (b)
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.