Drug Possession

“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship.

It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by law.

Any person who is in possession of a controlled substance classified in Schedule I that is a narcotic drug or a controlled substance classified in Schedule II, is guilty of a felony and, upon conviction, may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.

Any other controlled substance violation involving a nonnarcotic drug classified in Schedule I, or a controlled substance classified in Schedule III, may result in a felony conviction with a maximum prison sentence of five (5) years, a fine of up to fifteen thousand dollars ($15,000), or both.

Any person who is in possession of lysergic acid diethylamide is guilty of a felony and, upon conviction, may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both.

Any person who has in his possession a controlled substance that is a nonnarcotic drug classified in Schedule I (except lysergic acid diethylamide), or a controlled substance classified in Schedules III, IV, V and VI is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than one (1) year, or fined not more than one thousand dollars ($1,000), or both.

If any person is found to possess marijuana in an amount greater than three (3) ounces net weight, it shall be a felony and, upon conviction, that person may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both.

Under Idaho law it is a felony for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. The penalty for doing so is dictated by what schedule the drug is considered. Idaho has six schedules of drugs.

Schedule I is located in Idaho Code § 37-2705.

Schedule II is located in Idaho Code § 37-2707.

Schedule III is located in Idaho Code § 37-2709.

Schedule IV is located in Idaho Code § 37-2711.

Schedule V is located in Idaho Code § 37-2713.

Schedule VI is located in Idaho Code § 37-2713A.

Common Drugs:

1. Marijuana is a Schedule I nonnarcotic.
2. Heroin is a Schedule I narcotic
3. Methamphetamine is a Schedule II drug.
4. Cocaine is Schedule II drug.

What are the penalties for trafficking in controlled substances?

If a person is convicted of trafficking in controlled substances the person must serve a mandatory minimum prison sentence as set forth under Idaho Code §37-2732B.

What are the penalties for paraphernalia offenses?

Idaho Code § 37-2734A. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

Any person who violates these provisions is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000), or both.