Idaho Laws & Penalties
Penalty Details
Marijuana is a Schedule I hallucinogenic substance under the Idaho Uniform Controlled Substances Act.
See
Idaho Code Ann. § 37-2705(d)(22) Web Search
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) Web Search
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) Web Search
Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search
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 Web Search
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 Web Search
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) Web Search
Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search
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 Web Search
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 Web Search
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 Web Search
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) Web Search
Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search
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 Web Search
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 Web Search
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) Web Search
Idaho Code Ann. §37-2732(e) Web Search
Idaho Code Ann. §37-2701(t) Web Search
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 Web Search
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 Web Search
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) Web Search
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) Web Search
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 Web Search
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 Web Search
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 Web Search
Idaho Code Ann. § 37-2744A Web Search
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 Web Search
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) Web Search
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) Web Search
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) Web Search
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 Web Search
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) Web Search
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.