Idaho Prohibits Marijuana Dispensaries Statewide

Idaho has not adopted a medical or adult-use cannabis program. Under Idaho Code 37-2732(a), delivery of marijuana is a felony with sentences scaling by quantity. Idaho voters and the legislature have repeatedly declined to legalize, and a 2021 constitutional amendment proposal (SJR 101) sought to lock out future legalization. Because no licensing pathway exists, every commercial marijuana sale is illegal under state law. Local governments cannot create a dispensary licensing or zoning regime that authorizes activity prohibited by state law. CBD products containing only trace THC (0.3 percent or less) and meeting Idaho's strict source-material rules may be sold, but storefronts must avoid representing any product as marijuana.

Operating a dispensary is felony delivery and trafficking under Idaho Code 37-2732 and 37-2732B with imprisonment, fines, asset forfeiture, and federal exposure.