Idaho Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Idaho. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
ILLEGALIdaho law prohibits CBD products containing any amount of THC, including hemp-derived CBD with less than 0.3% THC. The state classifies all CBD as a Schedule I controlled substance unless it contains zero THC.
Possession
Possession of CBD products containing any THC is illegal.
Sale
Sale of CBD products with any THC content is illegal; only CBD products with zero THC are allowed but are rare and heavily restricted.
Penalties
Possession or sale can result in misdemeanor or felony charges depending on amount; penalties include fines and imprisonment.
Age Restriction
N/A due to general prohibition.
Delta-8 THC
ILLEGALIdaho explicitly bans Delta-8 THC under its controlled substances laws. The state classifies all tetrahydrocannabinols, including Delta-8, as Schedule I substances regardless of hemp derivation, making Delta-8 illegal to possess or sell.
Possession
Illegal to possess any Delta-8 THC products.
Retail Sale
Illegal to sell or distribute Delta-8 THC products.
Penalties
Possession or sale can result in felony charges under Idaho Code § 37-2701 et seq.
Age Restriction
N/A
Delta-9 THC Edibles
ILLEGALHemp-derived Delta-9 THC edibles are illegal in Idaho. The state does not recognize the federal hemp distinction and treats all THC products as controlled substances.
Possession
Illegal
Retail Sale
Illegal
Penalties
Treated as marijuana possession with corresponding penalties.
Age Restriction
N/A
Kratom
ILLEGALKratom is illegal in Idaho. Under Idaho Code § 37-2701A, kratom is classified as a Schedule I controlled substance, making possession, sale, and distribution unlawful.
Possession
Illegal to possess; classified as Schedule I controlled substance.
Sale
Illegal to sell or distribute.
Penalties
Possession and sale subject to felony charges with penalties including imprisonment and fines under Idaho Controlled Substances Act.
Age Restriction
N/A
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in Idaho under the state's Uniform Controlled Substances Act, which classifies psilocybin as a Schedule I substance. Idaho Code §37-2701 prohibits possession, sale, and manufacture of psilocybin.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Possession is a felony punishable by imprisonment and fines; trafficking carries more severe penalties.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in Idaho. No significant legislative changes since 2023.
Personal Possession
Illegal. Any amount of marijuana possession is a misdemeanor (up to 1 year jail, $1,000 fine). Over 3 oz is a felony. Idaho has no medical marijuana program.
Retail Purchase
Illegal. Distribution of any amount is a felony (up to 5 years, $15,000 fine). Idaho has the strictest marijuana laws in the Pacific Northwest.
Penalties
Any amount: misdemeanor, up to 1 year, $1,000 fine. Over 3 oz: felony, up to 5 years, $10,000 fine. Trafficking (over 1 lb): mandatory minimum 1 year.
Age Restriction
N/A
Salvia
RESTRICTEDSalvia divinorum is not a controlled substance in Idaho and is legal to possess, sell, and use. No significant legislative changes.
Possession
Legal. Salvia divinorum is not a controlled substance in Idaho. No restrictions on personal possession.
Sale
Legal to sell in retail stores and online in Idaho. No special licensing required.
Penalties
N/A
Age Restriction
None