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Idaho does not have a medicinal marijuana program and the use of virtually any cannabis product is illegal, though cannabis-based medications that have received FDA approval can be prescribed to patients. Even CBD products that would be legal under federal law as specified in the 2018 Farm Bill—i.e. hemp-derived and less than 0.3% THC—are prohibited under Idaho law.


A 2015 opinion from Idaho’s Attorney General Lawrence G. Wasden states that CBD products, to be legal, must:
1.    Contain 0.0% THC. 
2.    “Be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination.”

Patients from other states should note that there are major penalties for possession of cannabis. Possession of 3 oz or less is a misdemeanor. Offenders could be incarcerated for up to 1 year and may be fined $1,000. Possession of more than 3 oz is a felony and violators could be incarcerated for up to 5 years and fined $10,000.

Cultivation is also a felony that carries a potential fine of up to $50,000 and mandatory minimum sentencing ranging from 1-5 years. For less than 50 plants, the mandatory minimum sentence is 1 year. For 50-99 plants, the mandatory minimum sentence is 3 years. For 100 or more plants, the mandatory minimum sentence is 5 years.

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