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Idaho Group Wants Legal Home Possession Of Out-of-State Weed

The Idaho measure would decrim possession of up to 3 ounces of Cannabis at home with the property owner’s permission

Idaho Citizens Coalition for Cannabis

Is it “limited legalization” or glorified decrim? Nobody seems entirely sure, but one thing’s for certain. Some Idaho activists are seeking an unusual change to their marijuana laws.

The Idaho Citizens Coalition wants to make it legal to return to Idaho with Cannabis legally purchased out of state.

Granted, it seems fairly certain that Idaho will not be legalizing weed in any way, any time soon. And even the group admits that isn’t their immediate goal. They just want to make it safely home with weed they legally purchased — without getting arrested. Idaho borders the legal marijuana states of Oregon, Washington, Montana, and Nevada.

Their main argument, reports KIDO Talk Radio, is that purchasing weed legally from dispensaries is keeping money out of illegal drug dealers’ hands in Idaho.

It would make adult possession of up to three ounces of marijuana lawful on private property for adults. The property owner‘s permission is required.

Getting Safely Home To Idaho With It

Possession outside of a private residence and in almost any public space would generally remain criminalized. It would be legal to transport personal amounts from where the marijuana was legally purchased.

That’s crucial, according to Marijuana Moment, because there’s no place in Idaho that adults could legally purchase Cannabis. They would, however, be able to travel to dispensaries in neighboring states such as Montana, Nevada, Oregon and Washington and bring legally purchased weed back home with them.

That, of course, is a laudable and humble goal. But the fact that it conflicts with current federal rules regarding interstate transport of Cannabis could complicate its implementation.

Activists have until May 1, 2022 to collect about 65,000 valid signatures from registered voters to qualify for the ballot.

There is, however, a complication (of course). The governor signed a bill in April that requires a minimum of 6% of voters in all 35 legislative districts in Idaho to sign a ballot proposal in order for it to qualify. Previously, Idaho law had required that in just 18 districts.

Two lawsuits are challenging that change in the Idaho Supreme Court. The result of those legal complaints could decide the fate of the Cannabis measure.

Restrictive in Scope

The quite modest proposal is especially restrictive in scope, even according to its backers.

“It’s personal, adult marijuana decriminalization — three ounces as long as you keep it on private property,” advocate Russ Belville said. “So if they catch you in the park with weed, they catch you at the ballgame with weed, it’s still weed, you’re still busted. This is a very limited decriminalization of just three ounces at home.”

The Personal Adult Marijuana Decriminalization Act “ends civil and criminal penalties for what are now personal marijuana possession misdemeanors.”

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