Idaho
Idaho has enacted no medical, decriminalization, or adult-use cannabis law, leaving it one of a small number of fully prohibited states. Cannabis is a Schedule I controlled substance under Idaho Code 37-2705, and the state operates no licensing, taxation, or regulatory framework for cannabis of any kind. There is no legal possession allowance; any amount is a criminal offense. Policy moved in a more restrictive direction in 2025. Legislation signed by Governor Brad Little, effective in early July 2025, imposed a mandatory minimum fine of $300 on convictions for possession of three ounces or less — the first first-offense mandatory minimum for low-level possession enacted by any state. In the same session the Legislature referred a constitutional amendment, House Joint Resolution 4, to the November 2026 ballot; if adopted it would reserve the power to legalize cannabis to the Legislature alone and remove the citizen-initiative path. Cannabis arrests have ranged between about 4,500 and 6,100 per year from calendar-year 2018 through calendar-year 2024, totaling 5,115 in calendar-year 2024. These figures derive from secondary compilations of federal crime data that are incomplete. Idaho's population reached 2,001,619 as of July 1, 2024.
Licensing & Market
Idaho issues no cannabis licenses of any class and operates no cultivation, retail, manufacturing, or delivery program. There is no track-and-trace system, no application or license fees, no municipal opt-in framework, and no vertical-integration rule, because the state has no legal cannabis industry to regulate. Every market-access metric is null by structure rather than by a gap in reporting.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | Not available in the public record | — |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | Not available in the public record | — |
| Retail licenses awarded | Not available in the public record | — |
| Retail licenses operational | Not available in the public record | — |
| Retail activation rate | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Vertical integration | Not available in the public record | — |
| License caps exist | Not available in the public record | — |
| Licenses transferable | Not available in the public record | — |
| Residency required | Not available in the public record | — |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Not available in the public record | — |
| Cultivator application fee | Not available in the public record | — |
| Cultivator annual fee | Not available in the public record | — |
| Retail application fee | Not available in the public record | — |
| Retail annual fee | Not available in the public record | — |
Consumer Rules
Idaho permits no legal cannabis use or possession. Home cultivation is a felony, prosecuted as manufacture of a Schedule I substance under Idaho Code 37-2732(a)(1)(B). There is no legal possession limit because no amount is lawful; the three-ounce figure in state law marks the line dividing misdemeanor from felony possession, not a permitted quantity. Cannabis delivery and consumption lounges do not exist as legal categories. No product forms are lawful for adult or medical use.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [5] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | No | [6] |
| Delivery operational | No | [7] |
| Consumption lounges legal | No | [8] |
| Consumption lounges count | Not available in the public record | — |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | Not available in the public record | — |
| Restricted product forms | Not available in the public record | — |
Taxation
Idaho levies no cannabis excise, sales, potency, or wholesale tax and collects no cannabis tax revenue. The state's general sales tax does not reach a market that does not legally exist. All fiscal metrics are null because there is no taxable legal market.
| Field | Value | Source |
|---|---|---|
| Excise tax | Not available in the public record | — |
| Excise tax type | Not available in the public record | — |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | Not available in the public record | — |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | Not available in the public record | — |
| Medical tax exempt | Not available in the public record | — |
| Medical tax rate | Not available in the public record | — |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | Not available in the public record | — |
| Tax direction | Not available in the public record | — |
Operator Data
Idaho has no legal cannabis operators, sales, licenses, or published prices. No figures exist for market size, per-capita sales, wholesale or retail pricing, or license attrition, because there is no legal industry. Any cannabis commerce occurs in the unregulated market and is not captured in any public dataset.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | Not available in the public record | — |
Consumer Data
Idaho has no legal cannabis market, so there is no per-capita legal sales figure, dispensary density, or published retail price trend. By definition, all cannabis consumed in the state moves through the unregulated market; no primary estimate of legal-market capture exists, because there is no legal market against which to measure it.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | Not available in the public record | — |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
Idaho operates no social-equity program, no cannabis equity or reinvestment fund, and no cannabis-specific expungement or automatic record-clearing mechanism. Because the state has enacted no legalization statute, there is no licensing system in which equity provisions could exist and no triggering event for record relief. These are settled negative answers rather than gaps in reporting.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [9] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [10] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [11] |
| Expungement automatic | Not available in the public record | — |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
Idaho has no cannabis regulatory agency, regulatory budget, inspection regime, testing requirements, or licensee-enforcement program, because there are no licensees. Enforcement of cannabis law in Idaho is ordinary criminal law enforcement carried out by police, prosecutors, and the courts, reflected in the arrest figures reported under criminalization rather than in regulatory metrics. The operational enforcement statistics a regulated state would publish are not available because no such regulator exists.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Not available in the public record | — |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Idaho prohibits cannabis in all forms and provides no legal possession allowance. Possession of three ounces or less is a misdemeanor; following 2025 legislation it carries a mandatory minimum fine of $300, alongside up to one year in jail and an additional fine of up to $1,000 (Idaho Code 37-2732(c)(3) and (e)). Possession of more than three ounces — about 85 grams — is a felony punishable by up to five years in prison and a fine up to $10,000 (Idaho Code 37-2732(e)). Cultivation and sale are both felonies under Idaho Code 37-2732(a)(1)(B), each carrying up to five years and a fine up to $15,000; at higher volumes the trafficking statute (Idaho Code 37-2732B) imposes mandatory minimum sentences keyed to plant count or weight, rising to a five-year mandatory minimum at 100 or more plants or 25 or more pounds, with a statutory maximum of 15 years and a $50,000 fine and a doubled minimum on a second conviction. Idaho sets no per se THC blood limit for impaired driving, relying instead on an impairment standard under Idaho Code 18-8004. The state has no cannabis expungement or automatic record-clearing program. The direction of Idaho law is toward greater restriction: the 2025 mandatory-minimum fine was the first first-offense mandatory minimum for low-level possession enacted by any state, and House Joint Resolution 4, referred to the November 2026 ballot, would constitutionally reserve cannabis legalization to the Legislature. Total cannabis arrests were 5,115 in calendar-year 2024, roughly 256 per 100,000 residents calculated on total state population, and have ranged between about 4,500 and 6,100 per year since calendar-year 2018. These counts derive from secondary compilations of FBI Uniform Crime Reporting and NIBRS data, which are incomplete and understate true totals. The most recent published racial-disparity estimate, drawn from 2018 federal data, found Black residents arrested for cannabis possession at 3.89 times the rate of white residents, a ratio that rests on a small Black population base.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Cultivation is prosecuted as 'manufacture' of a Schedule I nonnarcotic controlled substance under Idaho Code 37-2732(a)(1)(B): up to 5 years imprisonment and/or a fine up to $15,000. At higher plant counts the marijuana trafficking statute (37-2732B) imposes mandatory minimums: 25-49 plants = 1-year mandatory minimum + $5,000; 50-99 plants = 3-year mandatory minimum + $10,000; 100+ plants = 5-year mandatory minimum + $15,000. Trafficking carries a statutory maximum of 15 years and $50,000. | [12] |
| Max penalty, unlicensed sale | Delivery/sale (or possession with intent to deliver) of marijuana, a Schedule I nonnarcotic, is a felony under Idaho Code 37-2732(a)(1)(B): up to 5 years imprisonment and/or a fine up to $15,000. By weight the trafficking statute (37-2732B) imposes mandatory minimums: 1 to <5 lbs = 1-year mandatory minimum + $5,000; 5 to <25 lbs = 3-year mandatory minimum + $10,000; 25+ lbs = 5-year mandatory minimum + $15,000. Trafficking maximum is 15 years and $50,000; a second trafficking conviction doubles the mandatory minimum. | [13] |
| Felony threshold (grams) | 85 | [14] |
| Felony threshold type | possession | [15] |
| Penalty, possession over limit | Idaho has no legal possession allowance; any possession is criminal. Possession of 3 ounces or less is a misdemeanor carrying a mandatory minimum fine of $300, plus up to 1 year in jail and up to a $1,000 additional fine (Idaho Code 37-2732(c)(3) & (e)). Possession of more than 3 ounces is a felony: up to 5 years imprisonment and/or a fine up to $10,000 (Idaho Code 37-2732(e)). | [16] |
| Penalty, public consumption | Not available in the public record | — |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [17] |
| Penalties increased post-legalization | Not available in the public record | — |
| Penalty direction | harsher | [18] |
| Penalty direction details | Idaho moved in the prohibitionist direction in 2025. Governor Brad Little signed legislation (effective early July 2025) imposing a $300 MANDATORY minimum fine on minor marijuana possession convictions (3 oz or less), making Idaho the only state to mandate minimum penalties for first-time, low-level possession. Separately, the Legislature referred a constitutional amendment (House Joint Resolution 4, 2025) to the November 2026 ballot that would reserve to the Legislature alone the power to legalize marijuana, removing the citizen-initiative path for any future cannabis statute. | [19] |
| Post-legalization arrests (annual) | 5115 | [20] |
| Racial disparity ratio | 3.89 | [21] |
| Expungement exists | No | [11] |
| Expungement automatic | Not available in the public record | — |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Idaho https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Idaho https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ Dashboard compilation date 2026-06-07. Underlying vintages: Census V2024 population (July 1, 2024); FBI UCR/NIBRS arrests through CY2024 (via NORML); ACLU 'A Tale of Two Countries' racial-disparity data (2018); Idaho Code current through the 2025 legislative session.
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates — Idaho July 1, 2024 = 2,001,619 (the estimate that crossed the 2 million milestone). NST-EST2024-POP https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ No home cultivation allowance exists; growing cannabis is 'manufacture' of a Schedule I substance and is a felony under Idaho Code 37-2732(a)(1)(B) (Schedule I nonnarcotic) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ No legal cannabis market exists; cannabis is a Schedule I controlled substance (Idaho Code 37-2705) and delivery is a felony (Idaho Code 37-2732(a)(1)(B)). No licensed delivery framework exists https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ No licensed cannabis delivery operates in Idaho; cannabis is fully prohibited (Idaho Code 37-2705; 37-2732) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ No consumption-venue category exists; all cannabis possession and use is criminal under Idaho Code 37-2732 https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ Idaho operates no legal cannabis program and therefore no social-equity licensing program (cannabis is fully prohibited, Idaho Code 37-2705) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2705/
- ↑ No cannabis equity or reinvestment fund exists; Idaho collects no cannabis tax revenue (fully prohibited, Idaho Code 37-2705) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2705/
- ↑ Idaho has no marijuana-specific expungement or automatic record-clearing program; the state has no legalization statute that would trigger record relief (Idaho Code Title 37, Chapter 27) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ Idaho Code 37-2732(a)(1)(B) (manufacture of a Schedule I nonnarcotic: up to 5 years / up to $15,000) and 37-2732B (marijuana trafficking mandatory minimums by plant count: 25-49 plants = 1 yr/$5,000; 50-99 = 3 yr/$10,000; 100+ = 5 yr/$15,000; max 15 yr/$50,000) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732B/
- ↑ Idaho Code 37-2732(a)(1)(B) (delivery of a Schedule I nonnarcotic: up to 5 years / up to $15,000) and 37-2732B (marijuana trafficking mandatory minimums by weight: 1-<5 lb = 1 yr/$5,000; 5-<25 lb = 3 yr/$10,000; 25+ lb = 5 yr/$15,000; max 15 yr/$50,000; second conviction doubles the minimum) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732B/
- ↑ Idaho Code 37-2732(e) — possession of MORE THAN 3 ounces of marijuana is a felony (3 oz = 85.05 g; threshold recorded as 85 g, i.e., possession above this amount is a felony). 3 ounces or less is a misdemeanor https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ Idaho Code 37-2732(e) — the 3-ounce threshold keys to possession https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ Idaho Code 37-2732(e) and 37-2732(c)(3) — 3 oz or less: misdemeanor, mandatory minimum $300 fine plus up to 1 year jail and up to $1,000 additional fine; more than 3 oz: felony, up to 5 years and up to $10,000 https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ Idaho Code 18-8004 establishes an impairment-based DUI standard for being under the influence of any drug; Idaho has no numeric per se THC blood limit and no statutory zero-tolerance provision for detectable THC https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch80/sect18-8004/
- ↑ Idaho enacted HARSHER marijuana penalties in 2025: a new mandatory minimum $300 fine for minor possession (effective July 2025), the only such first-offense mandatory minimum in the nation. Idaho Code 37-2732(e) https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2732/
- ↑ [SECONDARY] NORML, 'Idaho: Mandatory Minimum Penalties For Minor Marijuana Violations Take Effect' (July 3, 2025) — Gov. Brad Little signed the bill in February 2025; effective early July 2025; imposes a $300 mandatory minimum fine for low-level possession, with up to 1 year jail still available. Idaho is the only state to mandate minimums for first-time low-level possession. Underlying primary: Idaho Code 37-2732(e) https://norml.org/news/2025/07/03/idaho-mandatory-minimum-penalties-for-minor-marijuana-violations-take-effect/
- ↑ [SECONDARY] NORML Idaho marijuana arrests library — CY2024 total marijuana arrests = 5,115 (4,811 possession + 304 sales), compiled from FBI Uniform Crime Reporting / NIBRS data. (Idaho has no legalization, so this is the current annual cannabis-arrest figure, not a post-legalization figure.) https://norml.org/marijuana/library/state-marijuana-arrests/idaho-marijuana-arrests/
- ↑ [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020), state appendix — Idaho Black:white marijuana possession arrest ratio = 3.89 using 2018 FBI/UCR data (Black rate 1,026.94 vs white 263.83 per 100,000; Idaho ranks 22nd) https://www.aclu.org/wp-content/uploads/publications/marijuanareport_03232021.pdf