Marijuana is a Schedule I substance under the Idaho Uniform Controlled Substances Act. Possession of any amount of marijuana is illegal in Idaho but can be classified as either a misdemeanor or a felony depending on the facts of the case.

 

See: Idaho Code Ann. § 37-2705(d)(22)

What does a Marijuana Charge mean in Idaho? 

Possession of less that 3 ounces is a misdemeanor and, upon conviction, the defendant may be imprisoned for not more than 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 vs. Felony Possession

Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. If the quantity possessed is 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.

See: Idaho Code Ann. §§ 37-2732(c)(3), (e)

Possession with Intent to Deliver/Distribute/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: 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

Trafficking

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.

See: Idaho Code Ann. § 37-2732(a)(1)(B) and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)

Sale/Delivery

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

Cultivation

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

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