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Idaho laws & local rules

State laws that often surprise newcomers

By J&H Digital Services LLCChecked Oct 202610 sources

In short

A few Idaho laws differ sharply from many other states. Marijuana is illegal for any use, liquor is sold only in state-run stores, drivers must be hands-free, adults 18 and over can carry a concealed gun without a permit, and abortion is banned with narrow exceptions. Cities add their own rules on things like fireworks, noise and short-term rentals.

Marijuana
Illegal, including possession; no medical program
Liquor
Only at Idaho State Liquor Division stores; beer and wine in grocery stores
Phones while driving
Hands-free required since July 1, 2020
Concealed carry
No permit needed for most adults 18 and older
Resident hunting and fishing licenses
After 6 months of living in Idaho
01

Which Idaho laws surprise newcomers?

Is marijuana legal in Idaho?

No. Idaho has no recreational or medical marijuana program, and possession of any amount is a crime, even if you bought it legally in Oregon, Washington or Nevada. CBD products are allowed only if they contain no THC. Products sold as hemp, delta-8 or similar can still be illegal in Idaho if they contain THC, so read labels carefully.

Where can I buy alcohol?

Beer and wine are sold in grocery stores, convenience stores and other licensed retailers. Liquor (spirits) is sold only through Idaho State Liquor Division stores and their contract stores, not in grocery stores. Prices are set by the state. Bars and restaurants need a separate license to serve liquor by the drink.

Can I use my phone while driving?

Only hands-free. Since July 1, 2020, Idaho drivers may not hold or use a phone or other handheld device while driving. You may use voice commands, a single touch or swipe to start or end a feature, and mounted navigation. You can use your phone when legally parked or to call 911 in an emergency.

What is the Idaho stop?

Idaho was the first state to let cyclists treat stop signs as yield signs. A person riding a bike may slow at a stop sign and go through without a full stop if the way is clear. At a red light, riders must stop, then may proceed with caution after yielding to traffic and pedestrians. Drivers should expect cyclists to roll through stop signs.

Do I need a permit to carry a gun?

Usually not. Idaho allows adults 18 and older who are not barred from owning a gun to carry concealed without a permit, inside and outside city limits. Guns are still banned in some places, such as courthouses, jails and many school grounds. Idaho still issues concealed weapons licenses, which can help when you travel to other states. Your county sheriff handles licenses.

What is Idaho's abortion law?

Idaho bans abortion at all stages of pregnancy under Idaho Code 18-622. The law has narrow exceptions: to prevent the death of the pregnant woman, and for rape or incest in the first trimester when the crime is reported to law enforcement. Performing or attempting a banned abortion is a felony punishable by 2 to 5 years in prison, and health professionals who assist lose their license; the woman who has the abortion is not charged. The exceptions have been the subject of ongoing court cases, so check current law or ask a doctor or lawyer for your situation.

When can I buy a resident hunting or fishing license?

You must live in Idaho for at least six months before you buy resident licenses and tags. Adults also need an Idaho driver's license or Idaho ID card. Until then, you pay nonresident prices, which are much higher. Buying a resident license before you qualify is license fraud.

What fireworks are legal?

Idaho allows only "safe and sane" fireworks: ones that stay on the ground, such as fountains and sparklers. Fireworks that fly into the air or explode, such as bottle rockets, firecrackers and mortars, are illegal for the public statewide. Legal fireworks are sold around the Fourth of July and New Year's. Boise and other cities can add limits, especially in high fire-danger areas like the foothills, so check your city before you light anything.

Can my city ban short-term rentals like Airbnb?

Not entirely. Idaho law says cities and counties may not prohibit short-term or vacation rentals, though they can regulate them for health and safety, such as permits, parking and noise rules. HOAs are a different matter: your 's covenants may limit rentals, so read them before you buy.

Who sets noise, parking and yard rules?

Your city, and often your HOA. Cities set noise hours, parking limits, animal rules and burn rules. Many newer subdivisions have HOAs with their own rules on fences, paint colors, RV parking and lawns. Ask for HOA documents before you sign or buy.