Is marijuana legal in Idaho?
No. As of 2026, marijuana is illegal in Idaho for both recreational and medical use. Hemp-derived CBD is allowed only under strict THC limits.
Status checked November 4, 2026
Contents
Marijuana laws in Idaho
Marijuana is illegal in Idaho for any purpose. Idaho has no medical marijuana program and no decriminalization. The only cannabis-derived products allowed are FDA-approved drugs, such as Epidiolex, and hemp products that meet Idaho’s narrow hemp definition.
Possessing three ounces or less of marijuana is a misdemeanor. It is punishable by up to one year in jail and a fine of up to $1,000, and since July 1, 2025, adults 18 and older face a mandatory minimum fine of $300. Possessing more than three ounces is a felony, punishable by up to five years in prison and a fine of up to $10,000. Growing, selling and paraphernalia are also crimes.
Idaho law defines hemp as cannabis with no more than 0.3% total delta-9 THC, counting THCA. The state’s Office of Drug Policy says CBD products sold in Idaho must contain no THC at all. A 2026 law, House Bill 879, requires hemp products meant to be eaten or inhaled to meet the state’s definitions.
On November 3, 2026, voters rejected HJR 4, a constitutional amendment that would have given only the Legislature the power to legalize marijuana. Citizen initiatives therefore remain possible, though medical and decriminalization initiatives failed to qualify for the 2026 ballot. Marijuana is also illegal under federal law.
What the law says
Legal
- "Marijuana" does not include drug product in finished dosage formulation that has been approved by the United States food and drug administration that contains: (i) cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol), derived from cannabis and no more than one-tenth of one percent (0.1%) (w/w) residual tetrahydrocannabinols; or (ii) nabiximols.
Not legal
- for any amount less than or equal to three (3) ounces net weight, it shall be a misdemeanor and upon conviction shall be subject to a fine of not less than three hundred dollars ($300) when possessed by a person eighteen (18) years of age or older in addition to any penalties provided for in subsection (c)(3) of this section.
- If any person is found to possess marijuana, which for the purposes of this subsection shall be restricted to all parts of the plants of the genus Cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinol, in an amount greater than three (3) ounces net weight, it shall be a felony and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both
Quoted from Idaho Code §37-2701(u).
How old do you have to be to use marijuana in Idaho?
There is no legal age to buy or use marijuana in Idaho, because marijuana is illegal for everyone, including adults and patients. Idaho has no recreational or medical marijuana program. Adults 18 and older caught with three ounces or less face a misdemeanor charge with a mandatory minimum fine of $300.
How much marijuana can you have in Idaho?
No amount of marijuana is legal to have in Idaho, whether in your car, your home or anywhere else. Possessing three ounces or less is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000, with a $300 minimum fine for adults 18 and older. Possessing more than three ounces is a felony, punishable by up to five years in prison and a fine of up to $10,000.
Where can you buy marijuana in Idaho?
You can't legally buy marijuana anywhere in Idaho. There are no recreational or medical dispensaries, and selling marijuana is a crime. The only legal cannabis-derived products are FDA-approved drugs, such as Epidiolex, available by prescription, and hemp products that meet Idaho's narrow hemp definition. Bringing marijuana into Idaho from a state where it is legal is still illegal in Idaho.
Can you grow marijuana at home in Idaho?
No, you cannot grow marijuana at home in Idaho. Growing any amount is illegal, and the state has no medical exemption. Growing hemp requires a license under Idaho's hemp program and the federal rules. Idaho law treats plant material without a hemp license that contains THC as presumed to be marijuana.
Where can you use marijuana in Idaho?
There's no legal place to smoke marijuana in Idaho, public or private, because use and possession are illegal everywhere in the state. Being present where you know illegal drugs are being grown, held or used is also a misdemeanor, punishable by up to 90 days in jail and a fine of up to $300.
How do you get a medical marijuana card in Idaho?
You can't get a medical marijuana card in Idaho, because the state has no medical marijuana program. Idaho does not recognize medical cards from other states. The only legal cannabis-derived medicines are FDA-approved drugs, such as Epidiolex, which Idaho law excludes from its definition of marijuana. A proposed Idaho Medical Cannabis Act initiative failed to qualify for the 2026 ballot.
Can visitors buy or use marijuana in Idaho?
No. Out-of-state visitors cannot buy or use marijuana in Idaho. Marijuana is illegal for everyone, and Idaho does not honor medical marijuana cards from other states. Visitors who bring marijuana in from a neighboring state where it is legal face the same Idaho penalties as residents, including a misdemeanor with a $300 minimum fine for three ounces or less.
What are the rules on driving and marijuana in Idaho?
No, you cannot drive high in Idaho. It is a DUI to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs or any other intoxicating substances (Idaho Code §18-8004). Marijuana is illegal in Idaho, so possessing it in a vehicle is a separate offense.
Can an employer in Idaho fire you for using marijuana?
Yes, you can get fired for using marijuana in Idaho. Marijuana is illegal in the state, and no Idaho law protects employees or job applicants who use it, including people who use it legally in another state. Employers may drug test and enforce drug-free workplace policies.
What are the penalties for breaking marijuana laws in Idaho?
In Idaho, possessing three ounces or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Since July 1, 2025, adults 18 and older also face a mandatory minimum fine of $300. Possessing more than three ounces is a felony, punishable by up to five years in prison and a fine of up to $10,000. Manufacturing, delivering or possessing with intent to deliver carry heavier felony penalties. Being knowingly present where marijuana is grown or held is a misdemeanor.
Are CBD, hemp and delta-8 products legal in Idaho?
CBD is legal in Idaho only in narrow cases, and delta-8 and THCA products are not. Idaho defines hemp as cannabis with no more than 0.3% total delta-9 THC, including THCA, and treats unlicensed plant material containing THC as presumed marijuana. The state's Office of Drug Policy says CBD products sold in Idaho must contain no THC at all. Since July 1, 2026, House Bill 879 has required hemp products meant to be eaten or inhaled to meet the state's marijuana and THC definitions. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Idaho?
Yes. Federal law still applies in Idaho, and marijuana is illegal under both federal and Idaho law. Federally, marijuana remains a Schedule I controlled substance. Since April 28, 2026, only marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III, and Idaho has no state medical license. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. Idaho is one of the states taking part in that proceeding.
Has the law in Idaho changed recently, or is it about to?
When will weed be legal in Idaho? No date is set, and no legalization measure is pending. On November 3, 2026, voters rejected HJR 4 by about 66% to 34%, according to unofficial results. It would have given only the Legislature the power to legalize marijuana, so citizen initiatives remain possible. The Idaho Medical Cannabis Act and a decriminalization initiative both failed to qualify for the 2026 ballot. Recent laws added a $300 minimum fine in 2025 and new hemp-product rules on July 1, 2026. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
- Idaho Code §37-2701 (definitions of marijuana and hemp)
- Idaho Code §37-2732 (prohibited acts and penalties)
- House Bill 7 (2025), $300 minimum fine, effective July 1, 2025
- House Bill 879 (2026), hemp products for ingestion or inhalation, effective July 1, 2026
- Idaho Code §18-8004 (DUI)
- HJR 4 (constitutional amendment, rejected by voters Nov. 3, 2026)
Sources (10)
- Idaho Code §37-2701 (definitions of marijuana and hemp) legislature.idaho.gov
- Idaho Code §37-2732 (prohibited acts and penalties) legislature.idaho.gov
- Idaho Code §18-8004 (DUI) legislature.idaho.gov
- House Bill 7 (2025), $300 minimum fine, effective July 1, 2025 legislature.idaho.gov
- House Bill 879 (2026), hemp products for ingestion or inhalation, effective July 1, 2026 legislature.idaho.gov
- odp.idaho.gov
- HJR 4 (constitutional amendment, rejected by voters Nov. 3, 2026) voteidaho.gov
- results.voteidaho.gov
- dea.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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