Pending States

Idaho Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use

3 oz. or less

Misdemeanor

1 year

$1,000

3 oz. to 1 lb.

Felony

5 years

$10,000

With Intent To Distribute

Less than 1 lb. or 25 plants

Felony

5 years

$15,000

More than 1 lb. or 25 plants

Felony

15 years

$50,000

1 - 5 lbs. or 25 - 50 plants

Felony

1 year

$5,000

5 - 25 lbs. or 50 - 100 plants

Felony

3 years

$10,000

More than 25 lbs. or 100 plants

Felony

5 years

$15,000

Where a person under the age of 18 is present            .

Felony

5 years

$5,000

* Mandatory minimum sentence

Possession of 1 lb. or more, or 25 or more plants is considered trafficking.

Sale or Delivery

Less than 1 lb. or 25 plants

Felony

5 years

$15,000

More than 1 lb. or 25 plants

Felony

15 years

$50,000

1 - 5 lbs. or 25 - 50 plants

Felony

1 year

$5,000

5 - 25 lbs. or 50 - 100 plants

Felony

3 years

$10,000

More than 25 lbs. or 100 plants

Felony

5 years

$15,000

Where a person under the age of 18 is present            .

Felony

5 years

$5,000

* Mandatory minimum sentence

Cultivation

Less than 1 lb. or 25 plants

Felony

5 years

$15,000

More than 1 lb. or 25 plants

Felony

15 years

$50,000

1 - 5 lbs. or 25 - 50 plants

Felony

1 year

$5,000

5 - 25 lbs. or 50 - 100 plants

Felony

3 years

$10,000

More than 25 lbs. or 100 plants

Felony

5 years

$15,000

Where a person under the age of 18 is present            .

Felony

5 years

$5,000

* Mandatory minimum sentence

Possession of 1 lb. or more, or 25 or more plants is considered trafficking.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Use or possession of paraphernalia

Misdemeanor

1 year

$1,000

Manufacture or sale of paraphernalia

Felony

9 years

$30,000

Miscellaneous

Use or intoxication in public

Misdemeanor

6 months

$1,000

Presence at location where marijuana is cultivated or stored.

Misdemeanor

3 months

$300

Maintaining a structure used for selling or storing marijuana product.

Misdemeanor

1 year

$25,000

Possession of marijuana and under 18 will result in driver's license revocation for a period of not more than 1 year.

 

Idaho Marijuana Possession Penalties

  1. 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.
  2. 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 possessed 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.
  3. Possession 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.
  4. Possession 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. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed.

A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

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.


Idaho Marijuana Cultivation Penalties

  1. 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.
  2. Cultivation of 1 pound or more, or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount cultivated 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.
  3. Cultivation 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. Cultivation 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

Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.