Is Marijuana Legal in Idaho?
Depending on your state of residence, you may or may not be allowed to purchase marijuana for personal use. Regardless of whether or not you live in a state that allows for the purchase of medical or adult-use weed, it is a good idea to know the laws before making your final decision.
Hemp
Despite the fact that it is legal to grow hemp in Idaho, it’s still a long way from being legal to sell hemp products in the state. It’s not illegal to transport hemp from one state to another, but it’s a felony to transport more than a pound of marijuana, or marijuana-containing ingredients, from one state to another.
In fact, if you’re looking to transport a pound or more of hemp, you’ll need a special permit. You can apply for a permit through the Idaho State Department of Agriculture.
According to the Idaho Department of Agriculture, there are 81 applications for hemp licenses so far. These include 22 applications for hemp handlers, processors, and farmers. The Department of Agriculture will be opening applications online this coming week.
Although hemp is legal in Idaho, it’s not legal to sell hemp products that contain any amount of THC. This is because hemp is considered a controlled substance under state and federal law.
Medical marijuana
Despite having one of the first marijuana bans in the nation in 1927, Idaho continues to prohibit the use of marijuana. The state’s legislature has reaffirmed its position.
The Idaho Medical Marijuana Act (I-MMJA) directs the Idaho Department of Health and Welfare to license and regulate medical marijuana producers and dispensaries. It also creates civil protections for patients.
The Uniform Controlled Substances Act (UCSA) lays out the penalties for marijuana use. These include penalties for possession, manufacturing, and distribution. In addition, the law establishes a 4% retail excise tax on medical cannabis to cover administrative costs. The revenue will be distributed evenly between the Idaho General Fund and the Idaho Division of Veterans Services.
Support for the legalization of marijuana has been growing in Idaho. A statewide poll conducted by SurveyUSA revealed that 68% of voters supported legalizing cannabis for medicinal purposes. Amongst Democrats, the majority of respondents favored medical marijuana, while Republicans were more ambivalent.
Adult-use marijuana
Despite having legalized medical marijuana, the state of Idaho has not legalized adult-use marijuana. But advocates say there are signs that the legalization debate is moving in the right direction in the legislature.
Idaho lawmakers considered the S 1146a bill this year, which would allow for the legalization of CBD oil in the state. The proposal passed the legislature, but the governor vetoed it.
The proposed constitutional amendment is expected to be on the ballot in 2022. It would prohibit the use of marijuana, as well as other psychoactive drugs. In addition, it would require a two-thirds vote of the Legislature to pass any legalization measure. The law is intended to make it more difficult for citizens to qualify a measure for the ballot.
A recent poll conducted by SurveyUSA asked 550 adults in Idaho about their views on marijuana. Most respondents support legalizing cannabis for medical use. However, they are divided on whether a person should be penalized for possession of small amounts of pot.
Cannabis oil
Until recently, the legal status of cannabis oil in Idaho was unclear. However, the passage of the federal Farm Bill in 2018 could change that. It removed certain hemp-derived products from the Schedule I category of the Controlled Substances Act.
The Farm Bill also gives states the authority to either allow or disallow CBD. In addition, the Farm Bill has opened the door to research and commercial production of hemp.
Currently, hemp and marijuana are considered illegal in Idaho. Under Idaho law, possession of less than three ounces of marijuana is a misdemeanor. If you are found with a pound or more, you can be charged with a felony and be subject to up to a year in prison and a fine of up to $50,000.
In addition, if you are found in possession of cannabis-derived products with trace amounts of THC, you will be charged with a misdemeanor. This is because these products are considered to be adulterated and are prohibited by the Idaho State Department of Agriculture.
