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Idaho Marijuana Laws

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under the Idaho Uniform Controlled Substances Act.

See

  • Idaho Code Ann. § 37-2705(d)(22) 

Possession for Personal Use

Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.

See

  • Idaho Code Ann. §§ 37-2732(c)(3), (e) 

Possession with Intent to Distribute

Possession with intent to distribute up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount possessed was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Possession of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Possession of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See

  • Idaho Code Ann. § 37-2732(a)(1)(B) 
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) 

A conviction for possession with intent to deliver is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

See

  • Idaho Code Ann. § 37-2739A 

Possession with intent to distribute marijuana on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

See

  • Idaho Code Ann. § 37-2737A

Sale/Delivery

Delivery of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Delivery or import into Idaho of 1 pound, or more or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount delivered or imported was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Delivery or import into Idaho of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Delivery or import into Idaho of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See

  • Idaho Code Ann. § 37-2732(a)(1)(B) 
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)

A conviction for delivery is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

See

  • Idaho Code Ann. § 37-2739A 

Delivery by a person aged 18 or older to a person aged 18 years or younger who is at least 3 years their junior is punishable by a term of imprisonment that is twice that authorized for delivery.

See

  • Idaho Code Ann. § 37-2737

Delivery on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

See

  • Idaho Code Ann. § 37-2737A

Cultivation

Cultivation of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000. Cultivation of 1 pound or more, or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount cultivated was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Cultivation of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Cultivation of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See

  • Idaho Code Ann. § 37-2732(a)(B)
  • Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) 

A conviction for cultivation is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

See

  • Idaho Code Ann. § 37-2739A

Cultivation on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

See

  • Idaho Code Ann. § 37-2737A

Hash & Concentrates

Hashish is classified as a Schedule I drug in Idaho. The Definitions section of the statute includes Hashish and Marijuana Concentrates when it defines Marijuana as the plant and every derivative preparation of it. The Penalties section reinforces this interpretation by explicitly including, as Marijuana, any extract or preparation of cannabis which contains tetrahydrocannabinol. The statute never explicitly refers to Hashish or Marijuana Concentrates as being separate from Marijuana. Therefore, the penalties for hashish and THC concentrates should be the same as for marijuana. Please see the above marijuana section for further information.

See

  • Idaho Code Ann. §37-2705(d)(27) 
  • Idaho Code Ann. §37-2732(e) 
  • Idaho Code Ann. §37-2701(t) 

Paraphernalia

Use or possession of paraphernalia is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

See

  • Idaho Code Ann. § 37-2734A 

Manufacture or sale of drug paraphernalia is a felony punishable by up to 9 years imprisonment and/or a fine up to $30,000.

See

  • Idaho Code Ann. § 37-2734B

Sentencing

For violations of possession, cultivation, and sale of marijuana, all offenders are required to undergo a substance abuse evaluation. This requirement may be waived if the violation is the offenders first, the charge is for simple possession, and the court finds no reason to believe that the offender is in need of treatment. This evaluation will be used in determining the sentence of the offender, which may include mandatory treatment.

See

  • Idaho Code Ann. § 37-2738(2)

Judgment may be withheld if the offender has no prior felony convictions, convictions for driving under the influence, or convictions for possession, sale, or cultivation of a controlled substance, the offender has been cooperative with law enforcement efforts for drug-related crime, and the court believes that they will complete the terms of probation. When a person pleads guilty or is found guilty of possession, sale, or cultivation, if they are granted a probationary period, it will include a minimum of 100 hours of community service.

See

  • Idaho Code Ann. §§ 37-2738(4)-(5) 
Second Offense

A second or subsequent offense is subject to twice the term of imprisonment and twice the fine authorized for the offense. An offense for this provision is any conviction under the Idaho Uniform Controlled Substances Act or under a federal statute or statute of another state relating to controlled substances.

See

  • Idaho Code Ann. § 37-2739 

Forfeiture

Criminal

Anyone who pleads guilty to or is convicted of an offense under the Idaho Uniform Controlled Substances Act which is punishable by more than 1 year imprisonment must forfeit certain property to the state of Idaho. This includes any property constituting or derived from profits of the violation and any property used in or used to facilitate the violation.

See

  • Idaho Code Ann. § 37-2801
Civil

Vehicles and other property may be seized for violations of the Idaho Uniform Controlled Substances Act. Proceedings must commence within 30 days after the seizure. For certain properties, a notice of forfeiture must be provided to all those with an interest in it. Interested partied have 20 days to file an answer from the time that the notice is mailed or published.

See

  • Idaho Code Ann. § 37-2744
  • Idaho Code Ann. § 37-2744A 

Miscellaneous

Use or intoxication in public

Using or being under the influence of marijuana on public property or on private property open to the public is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $1,000. The court may assess an additional cost of up to $200 for reimbursement to the arresting or prosecuting authority. A public use or intoxication offense that occurs within 5 years of 2 or more separate public use or intoxication convictions is punishable by a mandatory minimum of 120 days imprisonment to a maximum of 1 year if the offender refuses to complete treatment.

See

  • Idaho Code Ann. § 37-2732C 
Presence at location where marijuana is cultivated or stored

Presence at or on the premises where marijuana is cultivated or held for distribution, transportation, delivery, or use is a misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $300.

See

  • Idaho Code Ann. § 37-2732(d) 
Knowingly maintaining a structure used for drug offenses

It is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $25,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

See

  • Idaho Code Ann. §§ 37-2733(a)(5), (b) 
Fees for investigation

Upon a felony or misdemeanor conviction of the Idaho Uniform Controlled Substances Act, the offender may be ordered to pay for the costs of investigating their offense incurred by law enforcement.

See

  • Idaho Code Ann. § 37-2732(k) 
Drug hotline fee

Any violation of the Idaho Uniform Controlled Substances Act results in a fee of $10, which is deposited in the drug and driving under the influence enforcement donation fund.

See

  • Idaho Code Ann. § 37-2735A 
Driver’s license revocation

Any person who pleads guilty or is found guilty of possessing of marijuana and is under 18 shall have their license revoked for a period of not more than 1 year.

See

  • Idaho Code Ann. § 18-1502C(3)(a) 
DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Idaho Drugged Driving

In Idaho, a person is guilty of DUI if he or she drives a motor vehicle under the influence of alcohol, drugs or any other intoxicating substances, whether upon a highway, street or bridge, or upon public or private property open to the public. Idaho Code Ann. § 18-8004(1)(a) (2010).

Affirmative Defense

The fact that the driver is or has been entitled to use such drug under the laws of this state or of any other jurisdiction shall not constitute a defense. Id. § 18-8004(7).

Implied Consent

  • A person who drives or is in actual physical control of a motor vehicle in this Idaho shall be deemed to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances. Id. § 18-8002(1).
  • If the driver refuses to submit to a test, the officer shall warn him of the penalties for refusing. Id. § 18-8002(3). If the driver still refuses after the warning, he shall be fined $250 and his driver’s license will be seized by the officer and suspended for one year for the first refusal and two years for the second refusal. Id. § 18-8002(4)(a)-(b), 8002A(2).
  • Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing. Id. § 18-8002(2).
  • After submitting to evidentiary testing accused may, when practicable, at his or her own expense, have additional tests made by a person of his or her own choosing. Id. §18-8002(3)(f).

Penalties

  • First offense (within 5-years) – incarceration for a maximum of 6-months; maximum fine of $1,000; license suspension for at least 90 days and up to 180 days. Id. § 18-8005(1).
  • Second offense (within 10 years) -incarceration for a period of 10 days to 1-year; maximum fine is $2,000; license suspension for a minimum of 1-year (the suspension period will begin upon release from jail); offender is not eligible for a restricted permit; the state may order an ignition interlock device installed on offender’s vehicle. Id. § 18-8005(4).
  • Third offense (within 10 years) felony – incarceration for a mandatory minimum 30 days and up to 5-years; maximum fine of $5,000; license suspension for a minimum of 1-year up to 5-years (suspension period will begin upon release from jail); offender is not eligible for a restricted permit; the state may order offender to install an ignition interlock on vehicle. Id. § 18-8005(6).

Sobriety Checkpoints

In Idaho, sobriety checkpoints are illegal under state law.

  • The Idaho courts have ruled that roadblocks designed to deter DUI are not permissible under the state constitution when the police fail to get warrant, lack probable cause to believe a crime is being committed, or lack legislative authority to establish the roadblock. State v. Henderson, 114 Idaho 293, 756 P.2d 1057 (1988).

Case Law

U.S. v. Patzer, 277 F.3d 1080 (2002) — Police officer who stopped noticed both motorist and passenger appeared to have bloodshot and glassy eyes, and suspected the two were smoking marijuana, did not have probable cause to believe that motorist’s ability to drive was impaired, where the motorist’s driving and comportment, as described by the officer, did not evidence any impairment. Furthermore, for purpose of Idaho’s driving under the influence (DUI) statute, marijuana is a “non-narcotic drug.

State v. Thomas, 318 P.2d 592 (1957) — Whether driver, who is charged with drunken driving is influenced by liquor solely or by combination with other substances is immaterial.

State v. Lesley, 981 P.2d 748 (1999) — Evidence that defendant pulled out into roadway and then stopped in traffic lane, failed some field sobriety tests, had distinct injection marks on arm, and took urine test that revealed chemical signature for marijuana and stimulant, was sufficient to sustain conviction of DUI.

Idaho Tax Stamps

Stamp
State Code §63-4203
Tax Rate $3.50/gram
$775/plant
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and punishment for tax evasion to the same extent as poss. of marijuana
Additional Information
Tax found to violate protection against self-incrimination in State of Idaho v. Smith, 120 Idaho 77. Purchase of stamp must now remain confidential.

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