Governor Brad Little recently signed off on a law that mandates a $300 minimum fine for marijuana possession of 3 ounces or less when the person in possession is eighteen or older. Possession of 3 ounces or less of marijuana in Idaho is considered a misdemeanor crime and upon conviction, results in this mandatory minimum fine and any other penalties the court determines. This law is an attempt by the legislature to differentiate Idaho from its neighboring states who have made possessing marijuana legal and to deter Idahoans from bringing it across state lines. This law goes into effect July 1, 2025. 

Refer to Idaho Code Section 37-2732. 

“(e) 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 [THC], 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, and 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.” Idaho Code Section 37-2732(e). 

“Any person who violates this subsection and has in his possession a controlled substance which is a nonnarcotic drug classified in schedule I (which includes marijuana) except lysergic acid diethylamide, or a controlled substance classified in schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction thereof may be imprisoned for not more than one (1) year, or fined not more than one thousand dollars ($1,000), or both.” Idaho Code Section 37-2732(c)(3).

3 ounces is about what can fit in the palm of your hand. This law does not just mean 3 ounces of 100% marijuana bud/flower, but also encompasses any preparation that is 3 ounces or less that contains THC; this could be a brownie, gummy, tincture, etc. 

So the next time you think about bringing your dab pen with you to the bars to get “crossed” or an edible gummy to the movies to make that comedy “extra funny”, just know you're risking a $300 minimum and up to a year in the county jail. 

If you do find yourself faced with a misdemeanor possession charge in the Treasure Valley, don't hesitate to call our office for a free consultation!