Marijuana Related Penalties in Idaho

Important Note: Any second conviction for a drug offense can double the possible penalties

Possession of Cannabis

• Possession of 3oz of marijuana or less: maximum one year in jail and a fine of up to $1,000
  
• Possession of more than 3oz of marijuana: felony punishable by maximum 5 years in jail and maximum fine of $10,000
  

Cultivation, Sale or Distribution of Cannabis

• Cultivation, sale or distribution of less than 1lb of marijuana or less than 25 plants: maximum jail term of five years with maximum fine of $15,000
  
• Cultivation, sale or distribution of more than 1lb of marijuana or more than 24 plants: mandatory minimum sentence of 1 year in prison and minimum fine of $5,000
  
• Cultivation, sale or distribution of more than 5lbs of marijuana or more than 49 plants: mandatory minimum of 3 years in jail and minimum fine of $10,000
  
• Cultivation, sale or distribution of more than 25lbs of marijuana or more than 99 plants: mandatory minimum jail term of 5 years and minimum fine of $15,000
  
• Any sale to a minor at least three years younger than the seller doubles the prison sentence
  
• Any sale on premises where minors are present: maximum 5 years in jail and maximum fine of $5,000
  
• To be present in a place where the person knows illegal drug activity is taking place: maximum 90 days in jail and maximum fine of $300
  

Marijuana Related Paraphernalia

• Possession of marijuana-related paraphernalia: maximum 1 year jail sentence and maximum fine of $1,000
  
• Sale or manufacture of paraphernalia: maximum 9 years in prison and maximum fine of $30,000
  

It is a crime to be under the influence of marijuana in a public place or to use marijuana in a public place, punishable by up to six months in jail and a fine of up to $1,000.

Medical Marijuana in Idaho: Current Situation (November 2010)

There has been little activity in bringing legalization of medical marijuana to Idaho this year. However, Idaho Republican Representative Tom Trail of Moscow is proposing to introduce a measure in the next legislative session that will legalize the use of marijuana by patients with chronic illnesses and severe medical conditions. Patients diagnosed with illnesses such as: cancer, AIDS, Lou Gehrig’s disease, muscular dystrophy, glaucoma and multiple sclerosis would have access to marijuana grown and distributed through state-monitored dispensaries.

There would be no provision in the law for patients to grow their own marijuana and use of cannabis in public places would still be forbidden. The drug would be regulated as for other controlled drugs, such as Oxycontin and morphine. Trail’s bill is modelled on medical marijuana laws in New Jersey, which are acknowledged as being the most restrictive of all the legal states.

Trail said the draft must be reviewed by the Department of Health and Welfare, law enforcement, the Idaho Medical Association and many other stakeholders and the plan is to start a dialog and prepare to introduce the legislation in the 2011 legislative session.

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