Idaho Marijuana Crimes | Possession of Marijuana
Idaho Marijuana Laws
"Is Weed Legal In Idaho?" No!
Possession of any amount of marijuana is illegal in Idaho. Depending on the amount and the surrounding circumstances, can be charged as either a misdemeanor or a felony. See: Idaho Code § 37-2705(d)(22)
There are a variety of criminal charges in Idaho associated with possession, distribution, sale, cultivation, and trafficking of marijuana.
Idaho Marijuana Statutes
Several sections of Idaho law outline the penalties for marijuana-related offenses:
- Idaho Code § 37-2732(c)(3), (e): Covers possession, penalties, and potential sentencing for marijuana offenses.
- Idaho Code § 37-2732B(a)(1)(A), (B), (C): Details the distinctions and penalties for trafficking, including weight or plant count thresholds.
- Idaho Code § 37-2732(a)(1)(A): Addresses charges for possession with intent to deliver, distribute, or manufacture.
- Idaho Code § 37-2737A: Provides additional provisions regarding paraphernalia and related marijuana offenses.
These statutes collectively determine how charges are filed and the range of consequences upon conviction for marijuana-related crimes in Idaho.
Misdemeanor Possession of Marijuana
Possession of less that 3 ounces of marijuana is a misdemeanor. If convicted, the defendant may be jailed for up to one (1) year, or fined not more than one thousand dollars ($1,000), or both. If any person is found to possess marijuana in an amount greater than three (3) ounces net weight, it shall be a felony and, upon conviction, that person may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both. It is not a defense to be from or traveling to a state where marijuana charges are different.
Misdemeanor Possession of Marijuana Paraphernalia
In nearly all cases, marijuana charges in Idaho are also accompanied by the misdemeanor charge of Possession Paraphernalia With Intent To Use. For more information on this charge see: Idaho Possession of Paraphernalia.
To break it down further:
- Use or possession of drug paraphernalia is a misdemeanor in Idaho, punishable by up to one year in jail and/or a fine of up to $1,000.
- Manufacture or sale of drug paraphernalia is treated much more severely—it's a felony that can land you up to nine years behind bars and/or cost you up to $30,000 in fines.
Felony Possession of Marijuana
How much marijuana is a felony in Idaho?
Possession of any amount of marijuana over 3 ounces is a felony. Possession of more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.
However, there are a number of felony charges that can result from possession of marijuana, beyond simple possession. This includes Possession With Intent to Distribute and Trafficking. In most instances, Idaho law determines the type of charge and severity by the quantity of marijuana possessed, not by the intended actions of the defendant.
See: Misdemeanor Possession of Marijuana, Felony Possession, and Idaho Code Ann. §§ 37-2732(c)(3), (e). Blog Article: How Much Marijuana Is A Felony?
Idaho Marijuana Laws | Idaho Weed Laws | Idaho Pot Laws
Idaho Possession of Marijuana with Intent to Deliver, Distribute, or Manufacture
Possession with intent to distribute up to 1 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.
A conviction for possession with intent to deliver is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year. See: Possession With Intent to Deliver and Idaho Code Ann. § 37-2739A
Possession with intent to distribute marijuana 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. See: Idaho Code Ann. § 37-2737A
Idaho Trafficking of Marijuana
Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000.
If the amount trafficked was 1 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 1 year imprisonment and a mandatory fine of at least $5,000. Trafficking of 5 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 3 years imprisonment and a mandatory fine of at least $10,000. Trafficking of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000.
A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.
Understanding Mandatory Minimum Sentences in Idaho Marijuana Cases
A mandatory minimum sentence means the judge is legally required to impose at least a certain minimum period of incarceration—no exceptions, even for first-time or nonviolent offenders. In Idaho, these strict sentencing rules apply to specific marijuana offenses, particularly those involving larger quantities, trafficking, or repeated convictions.
For example, if someone is convicted under Idaho law for trafficking marijuana—such as possessing over 1 pound or cultivating more than 25 plants—the court must hand down the minimum prison term and fine set by statute, regardless of circumstances or mitigating factors. These sentences cannot be reduced at the judge's discretion, and those convicted are typically ineligible for parole during the mandatory minimum period. In the most severe cases, such as repeat felony convictions related to marijuana distribution, a defendant might face a mandatory life sentence, with no opportunity for early release or parole.
See: Trafficking of Marijuana, Idaho Code Ann. § 37-2732(a)(1)(B), and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)
Idaho Sale or Delivery of Marijuana
Delivery of up to 1 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. Delivery or import into Idaho of 1 pound, or more or 25 plants or more, is considered trafficking in marijuana. See: Idaho Code Ann. § 37-2732(a)(1)(B) and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)
A conviction for delivery is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year. See: Idaho Code Ann. § 37-2739A
Delivery by a person aged 18 or older to a person aged 18 years or younger who is at least 3 years their junior is punishable by a term of imprisonment that is twice that authorized for delivery. See: Idaho Code Ann. § 37-2737
Delivery 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. See: Idaho Code Ann. § 37-2737A
Idaho Cultivation of Marijuana
Cultivation of up to 1 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 1 pound or more, or 25 plants or more, is considered trafficking in marijuana. See: Idaho Code Ann. § 37-2732(a)(1)(B) and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)
A conviction for cultivation is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year. See: Idaho Code Ann. § 37-2739A
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. See: Idaho Code Ann. § 37-2737A
Maintaining a Structure Used for Marijuana Offenses
In Idaho, it's illegal to knowingly allow your property—whether that's a house, apartment, or even a vehicle—to be used for marijuana-related activities such as selling, storing, or using the drug. If convicted of this offense, you face a misdemeanor charge that could result in up to one year in jail and/or a fine as high as $25,000.
Relevant statutes for this offense include Idaho Code Ann. § 37-2732C and other related provisions. So, if you're a property owner or a tenant, it's crucial to understand that turning a blind eye to marijuana activities on your premises can lead to serious legal consequences.
Idaho Possession of Marijuana | Idaho Marijuana Law
Hashish and Marijuana Concentrates in Idaho
You might be wondering if hashish or marijuana concentrates are treated differently under Idaho law. The short answer: they're not. Idaho includes hashish and all THC concentrates under its definition of marijuana, covering the plant and any preparation or extract containing tetrahydrocannabinol (THC).
This means hashish and marijuana concentrates are subject to the same criminal classifications—both misdemeanors and felonies—just like traditional marijuana. So, whether you're caught with dried flower, oil, or resin, Idaho law applies the same penalties across the board.
For full details, refer to Idaho Code Ann. § 37-2701(u) and the marijuana statutes above.
Possession of Marijuana vs. Ownership
Keep in mind, it is illegal to possess a controlled substance - ownership is of the substance does not matter. We get calls almost daily from people who believe they have a defense because the substance in question "was not mine." Unfortunately, this is not a defense - if the state can prove that you were in possession, even if the substance is not yours, you will be found guilty of the crime.
There are two ways that the state can establish possession: Physical Possession and Constructive Possession.
Physical Possession of Marijuana
This is when someone physically has control of an item. For example, the item or substance could be in the person's hand or pocket.
Constructive Possession of Marijuana
A person has constructive possession of something if:
- The person knows of its presence, and
- Has the ability to control the item or substance
Many possession cases center around whether the defendant had constructive possession of the substance. For instance, if the substance is found in a car or a room that the defendant was in - they clearly have the ability to control the substance but did they have knowledge that it was there?
Multiple People In Possession
Because the state can prove possession through "Constructive Possession", this means that multiple people can be convicted of possession for the same controlled substance. For example if four people are in a car and there is a baggie of cocaine in the vehicle, if the state can prove that all four people knew the cocaine was in the vehicle then they could all be convicted of possessing that cocaine.
Changes to Marijuana Possession Penalties After July 1, 2025
Beginning July 1, 2025, Idaho's penalties for marijuana possession will see an update. For adults 18 and older, being caught with three ounces or less will still be charged as a misdemeanor, but a mandatory minimum fine of $300 will apply—no exceptions. The maximum punishment remains the same: up to one year in jail and/or a fine of up to $1,000.
It's important to note that possessing more than three ounces, but less than one pound, continues to be a felony, carrying the potential for up to five years behind bars and fines that can reach $10,000. These changes are outlined in Idaho Code Ann. § 37-2732(c)(3), (e).
Contact our Attorneys To Discuss Your Marijuana Case
If you are charged with a Marijuana Crime in Idaho, you need a lawyer that will fight to protect your rights. Call Schofield and Young for a free consultation - (208) 344-0128.
