Idaho Bans All Marijuana Cultivation Statewide

Idaho remains one of the strictest cannabis-prohibition states. Under Idaho Code 37-2732(a), it is unlawful to manufacture or deliver, or possess with intent to manufacture or deliver, marijuana. Cultivation is treated as manufacture. Cultivation of any amount up to one pound or 24 plants is a felony punishable by up to five years imprisonment and fines up to $15,000. Cultivation of one pound or more, or 25 or more plants, constitutes trafficking under Idaho Code 37-2732B with mandatory minimums up to 15 years and fines up to $50,000. Possession of cultivation paraphernalia is also prohibited under Idaho Code 37-2734A. State law preempts any local attempt to authorize personal home grows, including hemp, which is regulated separately under Idaho Code 22-1701 et seq.

Felony cultivation: up to 5 years and $15,000 fine. Trafficking (1 lb+ or 25+ plants): mandatory minimum sentences and fines up to $50,000.