Is Weed Legal in Idaho? ID Cannabis Laws (June 2023)

Illustration of Idaho Fall Temple with mountain in the back
Written by Livvy Ashton | Last updated: June 1, 2023

This article answers the question, “Is weed legal in Idaho?” We break down recreational and marijuana laws, penalties for possession, home cultivation, traveling with marijuana, and discuss decriminalization and future perspectives for cannabis legalization in Idaho.

Marijuana is illegal in Idaho. Both medical and recreational use is banned. Only pharmaceutical, synthetic analogs of CBD, such as Epidiolex, are allowed for medical use.

Penalties for marijuana possession are heavy, ranging between 1-5 years in jail on top of steep fines.

There are also no indicators that the state will legalize or, at least, decriminalize marijuana in the near future.

That’s not surprising since it’s one of the least cannabis-friendly states in the USA.

Here we give you a complete rundown of Idaho marijuana laws.

Is Weed Legal in Idaho?

No. Marijuana is entirely illegal in Idaho. Cannabis is considered a Schedule I controlled substance, falling in line with federal regulations.

Related: States That Have Legalized Cannabis

Is Recreational Marijuana Legal in Idaho?

No, recreational users can’t legally possess, purchase, grow, or distribute marijuana in Idaho. The state’s far from legalization; nothing seems the situation will change any time soon.

Is Medical Marijuana Legal in Idaho?

No. Idaho is one of the few states without a medical marijuana program. The only form of cannabinoid-based treatment is Epidiolex, an FDA-approved drug for epilepsy.

Penalties for Marijuana Possession

You don’t want to be caught with marijuana in Idaho. Penalties for possession are harsh.

If you have less than three ounces of marijuana for personal use, you may end up with misdemeanor charges, including one year in jail and a fine of up to $1,000.

Possession of larger amounts will increase jail time by up to five years, and the fine may reach $10,000.

Distribution is classified as a felony, with penalties depending on weight and starting at less than five pounds and fewer than 50 plants. The mandatory minimum sentence is one year in prison and a fine of $50,000.

Is Weed Decriminalized in Idaho?

No, any amount of weed in Idaho is illegal and may result in a prison sentence.

What’s the Future of Cannabis Legalization in Idaho?

Idaho hasn’t been successful in legalization efforts. In 2013, the Senate approved a resolution that opposed any legalization efforts.

Since then, a number of ballot initiatives have been filed, but all have gone down the drain.

The most recent initiative from 2020 was suspended due to the difficulty of gathering signatures under the bill during the COVID-19 pandemic.

A 2019 poll found that 73% of people in Idaho were in favor of legalizing marijuana for medical use.

Delta-8 THC: A Better and Federally Legal Alternative to Marijuana in Idaho

With such strict cannabis laws, Idaho will probably end up as one of the last states to legalize weed for medical and recreational use.

Even hemp-derived CBD oils aren’t popular in Idaho, and residents usually buy them online from other states.

Other hemp-derived psychoactive cannabinoids from hemp, such as delta-8 and delta-10 THC are making big headlines in the industry.

Such cannabinoids are federally legal — a silver lining for people in Idaho who don’t want to risk their freedom over a plant.

But before we elaborate on the legal status of delta-8 THC in Idaho, let’s have a closer look at its effects and differences between delta-9 THC.

Delta-8 THC vs. Delta-9 THC

The THC molecule has many variants — the two most popular are delta-8 and delta-9.

Delta-9 THC is the primary psychoactive compound in marijuana, the one that makes you feel high at certain doses.

Delta-8 THC is the isomer of delta-9, meaning it has an almost identical chemical formula. That being said, their atomic structure is slightly different.

Delta-8 THC has a double bond at the eighth carbon chain; meanwhile, delta-9 THC has this bond at the ninth chain.

This subtle difference causes delta-8 THC to lose some potency. This cannabinoid is about 50% as potent as delta-9.

In other words, you’d need to double your normal dose of delta-8 to experience the same intensity of effects as with marijuana.

Cons of Delta-9 THC from Marijuana

Marijuana is a mild psychedelic plant with deeply relaxing and euphoric properties. Its effects on the body and brain are dose-dependent.

In low and moderate doses, marijuana relaxes your muscles, eases stress, relieves some pain, elevates your mood, and improves your focus.

Larger doses can get you high, causing euphoria, increased appetite, giggles, and the infamous bloodshot eye. Your thinking patterns also change and your attention enters a scatter-ish mode. Depending on the consumed strain, the effects may lean toward sedating or stimulating.

Most people enjoy these effects with no unpleasant reactions. However, some individuals are overly sensitive to delta-9 THC. The cannabinoid receptors in their brains easily get overstimulated — resulting in feelings o unease and a few physiological symptoms.

The side effects of consuming too much weed include:

  • Anxiety
  • Paranoia
  • Feelings of discomfort
  • Cold sweats
  • Dizziness
  • Confusion
  • Increased heart rate
  • Short-term memory problems

Effects and Benefits of Delta-8 THC

The effect profiles of delta-8 THC and delta-9 THC are similar, but since delta-8 THC isn’t as powerful, it doesn’t get you as anxious in higher doses as its ‘cousin.’

Most people report feeling relaxed, calm, and mellow after a few puffs from a vape pen or 1-2 gummies. The buzz is also more clear-headed. Of course, you can get anxious if you take more than enough.

The health benefits of delta-8 THC aren’t as well researched as delta-9 THC, but given their similar effect profiles, they also offer similar therapeutic qualities.

Potential health benefits of delta-8 THC include:

  • Anti-nausea
  • Anti-inflammatory
  • Pain relief
  • Increased appetite
  • Feelings of calmness and relaxation
  • Neuroprotection

Is Delta-8 THC Legal in Idaho?

Unfortunately, no. At least not for now.

Marijuana is a Schedule I Substance under state law. While most states accepted that hemp-derived delta-8 THC is legal, Idaho refused to do so and put delta-8 in the same schedule as delta-9 THC.

There’s a light in the tunnel, though.

Idaho finally rewrote hemp policies through Bill 126 and SB 1253 in 2022. The production, transportation, and research of industrial hemp and CBD products will finally become officially legal.

Medical cannabis and decriminalization initiatives are crawling up onto ballots, and in 2024, we may see changes in Idaho cannabis policies — at least for medical marijuana patients.

Let’s hope they also push the needle further with hemp derivatives like delta-8 and delta-10 THC.

Benefits of Buying Delta-8 THC Online

If you’re in a state where delta-8 THC products are legal, the best way to buy them is to shop online.

Buying delta-8 THC comes with a few perks over shopping for d8 products locally, such as:

  • Better prices: with no middleman in the deal, online stores offer lower prices on their products than in-store vendors. You can further save more money thanks to coupon codes, reward programs, and subscription orders.
  • Higher transparency standards: most online stores provide batch-specific certificates of analysis from third-party laboratories. You can read the lab analysis and check customer reviews on independent websites to get a bigger picture of your vendor.
  • Convenience: you can compare dozens of formulas and their prices in the comfort of your home, unrestricted by location and opening hours.

Best Online Delta-8 THC Stores in Idaho

The delta-8 THC space is mostly under-regulated. With no manufacturing, testing, and labeling standards in place, customers must shoulder the responsibility for research.

In a rush? Don’t worry, I know the pain of combing through lab reports and scanning Reddit for unbiased opinions. I have two favorite vendors, which are also the leading delta-8 brands on the market. I’ve been buying from them for the last two years because they excel at product quality, testing integrity, and customer service.

1. Area 52

Get 15% off all Area 52 products. Use code “CFAH” at checkout.

Area 52 is a company whose products will “alienize your mind,” as its creed goes. The brand specializes in delta-8 THC products, offering a broad range of forms, such as tinctures, vape carts, gummies, and pre-rolls.

These products not only pack a punch — with 25-40 mg of delta-8 per serving — but they also contain high levels of terpenes. They not only enhance the organoleptic experience but also contribute to the entourage effect, potentiating the cognitive buzz and health benefits of delta-8.

Earlier this year, Area 52 released a new line of “true full-spectrum products,” featuring novel formats like delta-8 honey and HHC gummies, as well as some classics like energy gummies, sleep gummies, immunity gummies, and CBD oil.

2. Finest Labs

Finest Labs is one of the best delta-8 THC brands for beginners. The company offers a humble selection of delta-8 products — only gummies and tinctures — but the formulas are crafted with great attention to the ratios between delta-8, the minor cannabinoids, and terpenes.

These products are also less potent than Area 52, making Finest Labs an appealing pick among first-time users who don’t know their tolerance to THC.

If you want to explore the world of terpenes and create your own cannabinoid extracts, you’re in for a treat because Finest Labs offers an abundance of botanical terpenes. You can choose from unique blends of terpenes that recreate the flavors of various sativa, indica, and hybrid cannabis strains.


Who can use medical marijuana in Idaho?

Medical marijuana is illegal in Idaho. The only form of cannabis-based medication is Epidiolex, an FDA-approved, synthetic form of CBD for epilepsy.

Can you grow weed in Idaho?

No. Growing weed is prohibited in Idaho. If you’re caught growing marijuana, it will be treated as a possession and punished accordingly.

Can you smoke marijuana in public?

No, it’s illegal to smoke marijuana in public. In fact, you can’t legally smoke weed legally anywhere in Idaho.

Can you travel with marijuana in Idaho?

No, traveling with marijuana in Idaho is illegal. Being caught with marijuana in a car may result in steep penalties for possession.

Is buying weed online an option in Idaho?

No. You can’t legally buy or sell weed online in Idaho. Possession of marijuana with intent to distribute is a felony that can land you a 5-year prison sentence and $10,000 in fines.

Is CBD from hemp legal in Idaho?

Yes. Idaho has recently amended its law to fit the language used by the 2018 Farm Bill. Hemp-derived CBD products are legal in Idaho as long as they contain no more than 0.3% delta-9 THC.

You can expect CBD stores to start popping up everywhere across the state, but until now, your best bet for finding decent deals on quality CBD products is through an online retailer.

Buying Weed In Idaho: Bottom Line

Despite legalizing industrial hemp and CBD products, Idaho remains at the tail of the list of cannabis-friendly states.

Marijuana is illegal for any use. If you’re a medical patient, you can only purchase Epidiolex, an FDA-approved CBD drug for epilepsy. But Idaho has no medical marijuana program.

The legal landscape is also brutal for hemp-derived delta-8 THC. Idaho lawmakers have put it in the same schedule as delta-9 THC in the Uniform Controlled Substances Act.

With vast support for medical marijuana reforms, let’s hope Idaho will spur up its legalization efforts and comes out of medieval times.

Livvy is a registered nurse (RN) and board-certified nurse midwife (CNM) in the state of New Jersey. After giving birth to her newborn daughter, Livvy stepped down from her full-time position at the Children’s Hospital of New Jersey. This gave her the opportunity to spend more time writing articles on all topics related to pregnancy and prenatal care.