BOISE, Idaho — This story originally appeared in the Idaho Press.
On Thursday, the U.S. Department of Justice and the Drug Enforcement Agency announced changes that aim to increase medical marijuana and cannabidiol research.
In short, FDA-approved products containing marijuana and products regulated by a state medical marijuana license are now Schedule III drugs under the Controlled Substances Act, a stark change from its previous Schedule I listing.
Schedule I drugs are considered to have no accepted medical benefit, and receiving authorization to research these drugs is very difficult. Schedule III drugs, on the other hand, have accepted medical use, have a moderate to low potential for physical and psychological dependence and can be prescribed by a doctor, per the DEA.
The move to reschedule marijuana and cannabinoid products only applies to those with a medical use. “Unlicensed bulk marijuana” — meaning marijuana without federal or state medical approval — is still considered a Schedule I drug and carries with it severe criminal penalties for possession and distribution.
MARIJUANA’S STATUS IN IDAHO
Unlike its neighbors Washington, Oregon, Montana, Nevada and Utah, marijuana is illegal both recreationally and medically in the state of Idaho. In Utah, only medical marijuana is permitted.
Per Idaho’s Office of Drug Policy, “It is illegal for any person to manufacture, deliver, possess with intent to manufacture or deliver, or possess marijuana, which refers to all parts of the plants of the genus cannabis, including or any preparation of cannabis which contains tetrahydrocannabinol.”
It’s also illegal to publicly use or be under the influence of marijuana.
Idaho, however, is not among states that have a zero-tolerance policy toward the metabolite known as carboxy-THC, which is formed in the body after consuming cannabis but is neither psychoactive nor intoxicating. Carboxy-THC can be detected via urine and blood tests.
Possession of marijuana for personal use is a misdemeanor at 3 ounces or less and a felony in greater amounts, per the Uniform Controlled Substances Act.
Misdemeanor possession carries a fine between $300 and $1,000 and incarceration of up to one year. The maximum fine for felony possession is $10,000, and those convicted of this crime can see incarceration of up to five years.
Possession with intent to distribute and the sale, delivery and cultivation of marijuana are all considered felonies. Fines vary between $5,000 and $50,000, and jail time ranges between a year and five years, depending on the circumstances of the charge and state-required minimum penalties.
LEGALIZATION AND PRESERVATION EFFORTS
Idaho House Joint Resolution 4 passed during the 2025 legislative session and will be on the upcoming November 2026 ballot. Voters will be asked whether they support amending the state Constitution to “grant legislature exclusive authority and prohibit citizen-initiated measures on marijuana, narcotics and psychoactive substances” from appearing on ballots.
Citizen-led initiatives that are currently circulating are the Decriminalize Cannabis Now Initiative being efforted by advocacy group Kind Idaho, as well as the Idaho Medical Cannabis Act, led by the Natural Medicine Alliance of Idaho. Both organizations are currently collecting signatures across the state.
For more from the Idaho Press, click here.
To stream KTVB on your phone, you need the KTVB app.
Next up in 5
Example video title will go here for this video
Next up in 5
Example video title will go here for this video
In Other News