As of Feb. 3, 2026, more than half of the country (25 states and D.C.) has legalized marijuana for both recreational and medical consumption. An additional 21 states permit medical cannabis (six allow only CBD though), and one state has decriminalized marijuana despite not having legalized it even medicinally. Only four states won’t budge on the issue: Idaho, Kansas, South Carolina and Wyoming. 

In those states, cannabis is fully illegal in every form and criminalized. What makes these states so different? And does marijuana have any future in any of them? Learn about it in our four-part series “States That Refuse to Legalize or Decriminalize Marijuana.” 

In Part 1, we explore what’s going on in Idaho.

Marijuana Policy Project labels Idaho the “most anti-cannabis state,” and the state has a reputation for having the harshest penalties for marijuana-related offenses. For example, as IdahoCannabis.org reports, if you are caught in possession of 1 pound of marijuana, Idaho considers it trafficking, and you can be fined up to $50,000 and/or imprisoned for up to 15 years. Also, selling or manufacturing marijuana paraphernalia results in a $30,000 fine and/or up to nine years in prison.

With that kind of system in place, it’s not surprising that all attempts – and there have been many – to get marijuana legalized for medicinal use have failed. Even when the Idaho legislature passed a law legalizing cannabidiol (CBD) with up to 0.3% THC (the federal government’s standard), the state’s governor vetoed it, revoking the people’s mandate. 

Former Idaho Governor C.L. “Butch” Otter overturned a vote legalizing CBD containing up to 0.3% THC, even though that amount is legal under federal law. Photo credit: Master Sgt. Becky Vanshur, Public domain, via Wikimedia Commons

Now, state legislators have passed a resolution (HJR004) that will put an end to any further grassroots attempts to establish medical marijuana. If voted into law in November 2026, it will amend Idaho’s constitution such that only the state’s legislature can legalize the growing, producing, manufacturing, transporting, selling, delivering, dispensing, administering, prescribing, distributing, possessing or use of marijuana. 

Joining HJR004 on the ballot could be two pro-cannabis initiatives though: the Idaho Medical Cannabis Act and the Decriminalize Cannabis Now Initiative. Those will require a lot of support from Idahoans, as more than 71,000 very specific signatures are needed by April 30 for each one to make it to the ballot. If they don’t make it to the ballot, and if HJR004 passes into law, voters will lose their voices (i.e., the popular vote) on this matter indefinitely. 

If you are a registered voter in Idaho and support the Idaho Medical Cannabis Act, click here for a list of places where you can add your signature and help get this on the ballot. Photo by cottonbro studio / pexels.com

Legislators in Idaho might be keeping cannabis illegal and criminalized simply because they’re sticking with the federal government’s policies on cannabis. According to IdahoCannabis.org:

“Idaho is hesitant to legalize cannabis because there is currently no accepted medical use at the federal level. Idaho’s position is that the marijuana plant components be properly evaluated by the same scientific process through which the Food and Drug Administration (FDA) tests every legal medication in the country.”

However, Idaho’s attorney general voiced opposition to President Trump’s proposal to reschedule marijuana as a Schedule III controlled substance. Thus, Idaho can’t be expected to relax its own laws even if the federal government does so first. In a place where something as benign as natural CBD (synthetic CBD can be manufactured to contain 0% THC, so unnatural CBD is legal) is treated like heroin and crack, marijuana has a bleak future at best.  

Next Up …

In Part 2 of this series, we’ll see what’s going on in Kansas. Check back soon!

Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.

The information in this article and any included images are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis or treatment. If you have any concerns or questions about laws, regulations or your health, you should always consult an attorney, physician or other licensed professional.

 

Sources & Suggested Reading

“Cannabidiol (CBD).” Idaho Office of Drug Policy. Accessed Feb. 27, 2026. https://odp.idaho.gov/issues-trends/cbd/. 

Cutler, Sarah. “Idaho attorney general challenges Trump stance on marijuana risk.” Idaho Statesman. Last updated Dec. 19, 2025. Accessed Feb. 27, 2026. https://www.idahostatesman.com/news/politics-government/state-politics/article313837820.html. 

Favorito, AJ. “HHS Recommends Marijuana Be Deregulated to Schedule III.” Head Magazine. Accessed Feb. 27, 2026. https://headmagazine.com/hhs-recommends-marijuana-be-deregulated-to-schedule-iii/. 

Hearons, Kathleen. “The Illogic of Illegal Weed: A Comprehensive Analysis.” Head Magazine. Accessed Feb. 27, 2026. https://headmagazine.com/the-illogic-of-illegal-weed-a-comprehensive-analysis/. 

H.R.2 – Agriculture Improvement Act of 2018. 115th U.S. Congress (2017-2018). Dec. 20, 2018. Accessed Feb. 28, 2026. https://www.congress.gov/bill/115th-congress/house-bill/2. 

ID HJR004. Idaho Legislature. Accessed Feb. 27, 2026. https://www.billtrack50.com/billdetail/1850881/. 

“Idaho.” Marijuana Policy Project. Accessed Feb. 27, 2026. https://www.mpp.org/states/idaho/. 

“Idaho Cannabis Information Portal.” IdahoCannabis.org. Accessed Feb. 27, 2026. https://idahocannabis.org/. 

“Idaho Marijuana Laws.” IdahoCannabis.org. Accessed Feb. 27, 2026. https://idahocannabis.org/laws. 

“Idaho Medical Cannabis Act.” Natural Medicine Alliance of Idaho. Accessed Feb. 27, 2026. https://www.naturalmedicinealliance.com/. 

“Idaho Medical Cannabis Act: 2026 Initiative Summary.” Marijuana Policy Project. Accessed Feb. 27, 2026. https://www.mpp.org/states/idaho/idaho-medical-cannabis-act-2026-initiative-summary/. 

“Initiatives and Amendments.” Vote Idaho, Idaho Secretary of State Phil McGrane. Accessed Feb. 27, 2026. https://voteidaho.gov/initiatives-amendments/. 

“Marijuana Legality by State.” DISA Global Solutions. Accessed Feb. 27, 2026. https://disa.com/marijuana-legality-by-state/. 

“Otter vetoes marijuana extract oil bill.” Idaho Statesman. Last updated April 17, 2015. Accessed Feb. 27, 2026. https://www.idahostatesman.com/news/politics-government/state-politics/article40853778.html. 

“Sign the Petition.” Natural Medicine Alliance of Idaho. Accessed Feb. 27, 2026. https://www.naturalmedicinealliance.com/sign-the-petition. 

Thornbrugh, Kaye. “Medical cannabis initiative gathers 45,000 signatures.” Coeur d’Alene Press. Feb. 2, 2026. Accessed Feb. 27, 2026. https://cdapress.com/news/2026/feb/02/medical-cannabis-initiative-gathers-45000-signatures/. 

Title 34: Elections, Chapter 18: Initiative and Referendum Elections. Idaho Legislature. Accessed Feb. 27, 2026. https://legislature.idaho.gov/statutesrules/idstat/Title34/T34CH18/SECT34-1805/. 

Winters, Jackee, and Joseph Evans. “Decriminalize Cannabis Now Initiative.” Aug. 16, 2024. Accessed Feb. 27, 2026. https://sos.idaho.gov/elections/initiatives/2026/DCN.pdf.