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Idaho

1. Overview of Cannabis and Hemp Laws

Cannabis:
Idaho prohibits both recreational and medical cannabis, maintaining one of the strictest stances on cannabis in the U.S. The state has no legal cannabis programs and has not passed any medical allowances​.

Hemp Intoxicants and Synthetic THC:
Idaho categorizes hemp intoxicants as “Prohibited.” To be legally sold or possessed in Idaho, hemp-derived products must contain zero THC, including synthetic cannabinoids​.

2. Historical Context

  • 2015: The Idaho legislature passed a limited CBD oil bill for medical use, but it was subsequently vetoed by the governor. Idaho’s strict prohibition on cannabis has persisted, making it one of the most restrictive states in the nation​.

3. Recreational Cannabis Laws

  • Possession Limits: Possession of any amount of cannabis is illegal, with penalties that increase based on the quantity and any prior offenses.
  • Cultivation: All cannabis cultivation, including for personal or medical use, is prohibited.
  • Public Use: Both public and private cannabis use is illegal in Idaho.
  • Sale and Retail: Idaho has no legal channels for cannabis sales, and any cannabis sale is considered a felony under state law​.

4. Medical Cannabis Laws

  • Patient Eligibility: Idaho does not recognize any qualifying medical conditions for cannabis use and has no medical cannabis program.
  • Product Access: No cannabis-derived or THC products are legally available for medical purposes. Only zero-THC hemp-derived CBD oil may be legally sold and possessed.
  • Program Details: Idaho offers no medical program, registration, or dispensary access for patients​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Idaho strictly enforces a zero-tolerance policy for THC in hemp-derived products. Any product must contain no THC to be legally sold or possessed in the state.
  • Testing and Labeling Requirements: Products must undergo testing to confirm zero THC content. Labeling regulations ensure that products do not misrepresent their THC levels or make unapproved health claims.
  • Age and Retail Restrictions: No specific age or retail restrictions apply to hemp-derived products, as any THC-containing products are strictly prohibited​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: Possession of any cannabis is a misdemeanor, punishable by possible jail time and fines. Larger quantities may lead to felony charges.
  • Sale and Distribution: Unauthorized cannabis sales are felonies, with significant penalties including imprisonment and heavy fines, especially for sales involving minors.
  • Trafficking and Cultivation: Idaho imposes harsh penalties on trafficking and unauthorized cultivation, both treated as felonies with potential for long-term prison sentences​.

7. Social Equity Programs

  • Eligibility Criteria: Idaho does not have any social equity programs or provisions related to cannabis, nor does it offer assistance to communities impacted by cannabis prohibition.
  • Licensing Benefits and Additional Support: The state has no social equity or preferential licensing frameworks for cannabis businesses​.

8. Business Types and Operations

  • Licensing Types: Idaho does not offer any licenses for cannabis businesses, as all cannabis-related commerce remains illegal in the state.
  • Regulatory Requirements: Idaho lacks any regulatory framework or operational guidelines for cannabis businesses due to its strict prohibition of both recreational and medical cannabis​.
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