Celebrating 4/20 in Idaho? Here’s what cannabis use could cost you
Across much of the United States, cannabis fans can spark up on Monday, April 20 — also known as 4/20 — without fear of legal penalties.
In Idaho, however, cannabis use remains illegal.
Before you celebrate 4/20, here’s what to know about weed laws in the Gem State:
Is cannabis use legal in Idaho?
Under Idaho and federal laws, cannabis is considered a Schedule 1 controlled substance.
As a result, it’s illegal to use or sell cannabis “for any purpose” — medical or recreational — in Idaho, according to the Idaho Office of Drug Policy.
You’re also not allowed to manufacture, deliver or possess cannabis products.
In addition, it’s illegal to drive “under the influence of alcohol, drugs or any other intoxicating substances,” including cannabis, Idaho state law says.
Can I face jail time or fines for smoking pot?
Possessing even small amounts of cannabis can lead to expensive fines in Idaho, according to previous Idaho Statesman reporting, with pot-related penalties varying by offense.
Anyone possessing more than three ounces of cannabis products — three times the maximum amount you can purchase from a typical budtender — can face a felony charge, punishable by up to five years in prison and $10,000 in fines.
If you’re caught with less pot than that, you can still face a misdemeanor charge and up to $300 in fines.
Growing and selling cannabis products is a felony in Idaho, punishable by a maximum of five years in prison and $15,000 in fines
This is also true for those who cross state lines with the intention of selling weed.
Under Idaho law, you could be charged with a misdemeanor if you’re present at or participate in an illegal cannabis sale. Penalties include up to 90 days in county jail and $300 in fines.
Out-of-state medicical marijuana cards are invalid in Idaho as the drug is not federally protected for medicinal use.
Where is weed still illegal in the United States?
While a majority of U.S. states have either legalized or decriminalized cannabis use, the drug remains fully illegal in four states, including Idaho.
Wyoming, Kansas and South Carolina also outlaw cannabis use, according to Drug Information Systems of America.
In these states, the drug testing organization said, possession and use of weed isn’t illegal. It’s a criminal offense.
Does Idaho government support legalization of cannabis?
The Governor’s Office of Drug Policy “opposes the legalization of marijuana in any form other than specific marijuana-based medications” that have received U.S. Food and Drug Administration approval, according to a November 2024 policy statement.
Cannabis’ status as a Schedule 1 drug under the Controlled Substances Act indicates that “it has a high potential for abuse” with “no currently accepted medical use in treatment in the United States,” the Governor’s Office of Drug Police said. “To date, the FDA has not approved any whole marijuana products for clinical use.”
As of late 2024, the FDA had approved three synthetic THC drugs and one “marijuana-derived” CBD drug for medicinal use, the policy statement said.
CBD medicine Epidiolex is used to treat some severe forms of epilepsy, while THC prescription drugs Marisol, Syndros and Cesamet are used to treat nausea, vomiting and loss of appetit related to chemotherapy or HIV/AIDS.
Will there be a medical cannabis initiative on the November ballot?
The Natural Medicine Alliance of Idaho is working to get an initiative on the November ballot that would legalize cannabis use for medical purposes.
The Idaho Medical Cannabis Act “authorizes the use of medical cannabis for individuals diagnosed with substantial health conditions such as cancer, ALS, epilepsy, PTSD, chronic pain, Alzheimer’s and others,” the Natural Medicine Alliance of Idaho said on its website.
The act would also change cannabis from a Schedule I to a Schedule II prescription drug; protect prescribing physicians from legal liability and protect medical cardholders from “employment, housing or custody discrimination,” the political action committee said.
As of April 15, supporters of the Idaho Medical Cannabis Act had collected more than 100,000 signatures, Maria Mosman, a spokesperson for the Natural Medicine Alliance of Idaho, told the Statesman in an email. “That said, no amount of buffer is too much, so we’re continuing to gather at full pace through the April 30 deadline.”
Members of the Republican-led Idaho State Legislature are opposed to the measure, arguing that it would “effectively legalize widespread recreational use of marijuana.”
“The legalization of marijuna would have devastating impacts on Idaho children and their families,” the State Affairs Committee said in a resolution in early April.
This story was originally published April 20, 2026 at 2:29 PM.
