Planning on celebrating 4/20? Here’s what to know about marijuana punishments in Idaho

Shaun Goodwin
Richard Vogel/Associated Press file

While neighboring states allow recreational and medical marijuana use, Idaho remains strictly bud-free.

In total, 21 states across the U.S. have legalized recreational marijuana and 37 have OK’d medical use. Idaho is one of just four states yet to even decriminalize marijuana, along with Wyoming, Kansas and South Carolina.

But with several weed-friendly states only a short drive from Boise, what happens if someone crosses state lines with marijuana in their possession?

As people nationwide celebrate 4/20 — the annual acknowledgment on April 20 from cannabis enjoyers as the day to celebrate the drug — here’s what to know about Idaho’s strict marijuana laws.

What does the law say about marijuana in Idaho?

The possession, growing, selling, distribution and use of marijuana all are illegal in Idaho. State law is tough on marijuana offenses. Fines can run in the thousands, plus years in jail.

Here’s how the penalties shake out for manufacturing, transporting and possessing marijuana in Idaho:

  • Less than 3 ounces for personal use— Misdemeanor with a minimum fine of up to $1,000 and up to one year incarcerated.

  • 3 ounces to 1 pound for personal use — Felony with a maximum fine of $10,000 and up to five years incarcerated.

  • 1-5 pounds or 25-50 marijuana plants with intent to distribute — Felony with a minimum fine of $5,000 and at least one year incarcerated.

  • 5-25 pounds or 50-100 marijuana plants with intent to distribute — Felony with a minimum fine of $10,000 and at least three years incarcerated.

  • More than 25 pounds or more than 100 marijuana plants with intent to distribute — Felony with a minimum fine of $15,000 and at least five years incarcerated.

The maximum number of years of imprisonment for possessing marijuana in Idaho is 15, and the maximum fine is $50,000.

What happens if you cross Idaho state lines with pot?

Idaho law is pretty straightforward: It is illegal to possess marijuana in the state, so it doesn’t matter that it was purchased legally in another state.

If you bought products in Oregon or Washington state and then traveled to Idaho with it, you broke the law. As soon as it crosses Idaho state lines, it’s considered contraband.

It’s not only a marijuana possession charge you’ll have to worry about, either. You could be charged with drug trafficking, which is a federal crime, according to the National Organization for the Reform of Marijuana Laws.

What if you’re caught with weed at an Idaho airport?

The Transportation Security Administration is not looking for drugs when they screen fliers, but if officers find marijuana or other drugs, they will refer the matter to law enforcement.

TSA’s screening procedures are focused on security to detect potential threats to aircraft and passengers. When TSA officers are screening for weapons or other harmful items and find an illegal substance, it will be reported, according to the TSA.

Can you consume marijuana and then travel back to Idaho?

Yes, but only if you’re not driving and don’t have any marijuana in your possession.

Under Idaho Code Title 18 Chapter 80, driving while intoxicated can apply to drugs as well. A first-time driving under the influence charge is a misdemeanor in Idaho and could carry a fine of up to $1,000, up to six months in jail and a driver’s license suspension of up to 180 days.

A third-time offender within a 10-year span will be charged with a felony, a maximum fine of $5,000, up to five years in jail and a driver’s license suspension of up to five years following release from prison.

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