Idaho’s Marijuana Laws Are Tough – Maybe Even Unfair!

I spent time yesterday driving to and from a rural courthouse in Western Idaho for a hearing on a marijuana case. The charge – felony possession of marijuana – arises out of a car having been stopped near the Oregon border during early morning hours for traveling too slowly. That’s right, too slowly. Officers claim they smelled marijuana, and the Oregon driver admitted the illegal weed was on board. As the amount exceeded 3 ounces, the client faced a felony, with the possibility of five years in prison and a $10,000 fine.

In Idaho, marijuana is still a big deal, even if our neighbors in Oregon and Washington have chosen another path.

If you are in possession of any amount of marijuana in Idaho you face possible criminal charges ranging from simple possession (less than 3 ounces is a misdemeanor) to trafficking (25 – 100 pounds or over 100 plants results in a mandatory 5 years in prison and $15,000 fine).  Stop for a moment and think about that – a mandatory minimum sentence of 5 years in prison. Not jail. Prison.

And then there are the federal laws relating to marijuana possession that remain in effect regardless of state laws. Those federal laws can also result in a prison sentence. And a wide variety of other related laws in Idaho provide penalties for marijuana cultivation, concentrates, driving while impaired and possession of drug paraphernalia.  If you are looking for a reference page to learn more about our state’s marijuana laws, I suggest you check out

If you are charged with a marijuana crime in Idaho, you must treat it seriously. Talk to a lawyer about the possibilities.