Is Weed Legal in Idaho? (2026)

Is Weed Legal? Every state and federal law

Idaho Weed ban status: ban in force

Rule type

permanent

Tier

Schedule I

Schedule

schedule 1

Effective

1971-05-01

What the record says

Idaho has no adult-use, medical or low-THC marijuana program, and marijuana is a Schedule I controlled substance. Possession of three ounces or less is a misdemeanor (up to one year in jail and a $1,000 fine), with a mandatory minimum $300 fine for a person 18 or older; more than three ounces is a felony punishable by up to five years and a $10,000 fine. FDA-approved cannabidiol drug products are excluded from the marijuana definition. On November 3, 2026, voters rejected HJR 4, a constitutional amendment that would have reserved marijuana legalization to the legislature (unofficial results). Federal law still treats non-medical marijuana as a Schedule I controlled substance.

Controlling language, verbatim

(19) Marihuana (marijuana); (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, 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.

Source of excerpt

Citations

1. Idaho Code 37-2705(d)(19) (Schedule I: marihuana) (Idaho State Legislature, 2026-11-07) PRIMARYOFFICIAL
2. Idaho Code 37-2732(c)(3), (e) (possession penalties) (Idaho State Legislature, 2026-11-07)OFFICIAL
3. Idaho Code 37-2701(u) (marijuana definition) (Idaho State Legislature, 2026-11-07)OFFICIAL
4. Idaho HJR 4 (2026), legislature-only legalization amendment, result (Ballotpedia, 2026-11-07)OTHER
5. 1971 Idaho Session Laws, Vol. 2, ch. 215 (Uniform Controlled Substances Act) (official, 2026-11-07)OFFICIAL

Where Weed stands across the country

Among Idaho's 6 neighbors, Wyoming is illegal; Utah is restricted; Montana, Nevada, Oregon and Washington are legal.

Open the interactive map · Every compound in Idaho · Where Weed is banned · Embed this map

Federal posture

Federally restricted. Marijuana stays Schedule I federally; state-licensed medical marijuana is Schedule III Federal detail

Verbatim law on file for Idaho

1 instrument on file for this compound’s framework in Idaho; 4 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

37-2705. Schedule I.
(a) The controlled substances listed in this section are included in schedule I.
(d)  Hallucinogenic substances. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term "isomer" includes the optical, position and geometric isomers):
(19) Marihuana (marijuana);

37-2732. Prohibited acts A. Penalties.
(c)  It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this chapter.
(3)  Any person who violates this subsection and has in his possession a controlled substance which is a nonnarcotic drug classified in schedule I 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.
(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, 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.

Related

Weed in neighboring states

• Weed in Montana Legal
• Weed in Nevada Legal
• Weed in Oregon Legal
• Weed in Utah Restricted
• Weed in Washington Legal
• Weed in Wyoming Illegal

Closest to Weed in Idaho

• Delta-9 THC (hemp-derived) in Idaho Illegal
• THCa in Idaho Illegal

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