Idaho Marijuana Laws & Considerations

In Idaho there is no legal marijuana use – recreational or medical. Idaho has staunch possession laws regarding marijuana. Attempts to legalize marijuana in Idaho failed in 2012, 2014 and 2016. Employers in Idaho can drug test for marijuana, and fire, discipline, or take other adverse action against employees who test positive for the drug. Maintaining workplace safety remains as a priority for Idaho employers who elect to continue to drug test for marijuana.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

Marijuana is totally illegal in this state and there are very staunch possession laws.
In 2021 with S 1017, Idaho further shored up the state’s position on marijuana by amending the state’s Uniformed Controlled Substances Act which mirrors the federal Drug Enforcement Administration’s controlled substance scheduling including placing synthetic cannabinoids in Schedule I.
Idaho has a voluntary drug testing law that, although not required, if an employer elects to comply, they will enjoy limited protections and qualify for a workers’ compensation premium reduction (as determined by their insurance carrier). Additionally, if complied with, this voluntary law affords an employer greater latitude to deny unemployment claims.
Although not required, with compliance of the voluntary law (above), an employer has greater latitude to deny unemployment claims.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

Under the unemployment law specifications, adulteration or submission of a sample that does not belong to the donor are work-related misconduct.
An employee discharged for a confirmed positive drug test will not be eligible for unemployment benefits.
Except with narrow variances, when intoxication is the reasonable and substantial cause of an injury, the employee will not qualify for workers’ compensation benefits.
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Idaho S 1017 – Marijuana related
Idaho Code 72-1701 to 1716 – Drug testing related
Idaho Code 72-1701 to 1716 – Unemployment related
Idaho Code 72-208 – Workers’ compensation related

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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