Idaho Laws and Programs

[Page 367]Idaho state laws concerning illegal drugs and controlled substances are documented in the state's Uniform Controlled Substances Act, ID Code Title 37, Chapter 27. Controlled substances include drugs, substances, and immediate precursor ingredients in Schedules I-V. Mandatory minimum sentences for manufacturing, delivering, bringing into the state, or possessing a controlled substance include prison terms and fines, with penalties doubled on the second conviction. In lieu of part or all of a jail sentence, the court may offer the opportunity to complete a self-paid licensed drug rehabilitation program.

Idaho is one of the few states to have a legally mandated illegal drug tax stamp, whereby individuals are required to purchase and affix a tax stamp to a package of illegal drugs at the rate of $3.50 per gram of marijuana, $200 per gram of other controlled substance, or $2,000 per 50 units of substances not sold by weight. Possession of a controlled substance without taxes paid results in additional fines and charges.

The manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance is a felony with sentences of up to life imprisonment and/or a $25,000 fine for Schedule I-IV controlled substances and a misdemeanor with sentences of up to one year's imprisonment and/or a fine of up to $5,000 for Schedule V-VI substances.

Possession of a nonnarcotic Schedule I or III-VI controlled substance is a misdemeanor, with sentences of imprisonment up to one year and/or a fine up to $1,000. Possession of a narcotic Schedule I or II controlled substance is a felony with sentences of imprisonment up to seven years and/or a fine up to $15,000. Possession of more than three ounces of marijuana is a felony with sentences of up to five years' imprisonment and/or a fine up to $10,000. Trafficking in marijuana in amounts of one pound or more carries a prison term of one to 15 years and/or a fine of up to $15,000, while trafficking in 28 grams or more of cocaine or methamphetamine, or two grams or more of heroin, each have a prison term of three years to life and/or a fine of up to $100,000. Trafficking in immediate precursors of methamphetamine or amphetamine earns a prison term of 10 years to life and/or a fine of up to $100,000. Over-the-counter ephedrine sales are limited to nine grams of pseudoephedrine per individual in 30 days, and must be conducted by an employee of the retailer; knowingly violating this law is a misdemeanor.

It is a felony with sentences of up to four years' imprisonment and/or a fine of up to $30,000 to distribute Schedule I or II controlled substances without proper authorization, to use false registrations [Page 368]to manufacture or distribute controlled substances, to obtain controlled substances by misrepresentation, to falsify information on required records, and to make, distribute, or possess machines used to make or mark counterfeit substances. It is a felony to create, deliver, or possess with intent to deliver a counterfeit substance, and a misdemeanor to manufacture, distribute, possess, possess with intent to distribute, or advertise the sale of a simulated controlled substance.

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