Delivery Of Controlled Substance Where Children Are Present

It is unlawful for any person to manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in Schedules I, II, III and IV, upon the same premises where a child under the age of eighteen (18) years is present.

“Premises”

This means any:

(1) Motor vehicle or vessel;
(2) Dwelling or rental unit including, but not limited to, apartment, townhouse, condominium, mobile home, manufactured home, motel room or hotel room;
(3) Dwelling house, its curtilage, and any other outbuildings.

A person who violates the provisions of this section may be found guilty of a felony and, upon conviction, may be imprisoned for a term not to exceed five (5) years, fined not more than five thousand dollars ($5,000), or both.

Penalties For A Conviction

A person who violates the provisions of this section by manufacturing or delivering, or possessing with the intent to manufacture or deliver, methamphetamine or amphetamine in quantities as specified in section 37-2732B(a)(4), Idaho Code, shall be guilty of a felony and, upon conviction, may be imprisoned for a term of up to ten (10) years, fined not more than twenty-five thousand dollars ($25,000), or both.

Any fine imposed shall be in addition to the fine imposed for any other offense, and any term of imprisonment shall be consecutive to any term imposed for any other offense. Consecutive means that the terms of imprisonment cannot be served at the same time, the sentence for one conviction begins after the end of the sentence for another conviction.

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Beyond a punishment issued by the court, a conviction can be particularly harmful in terms of gaining future employment, state licensing, educational loans, and other benefits.The conviction will show up on background checks and employers tend to be wary of applicants with drug records. But there is hope. An experienced Idaho attorney can often help you defeat the charge and keep the matter off your record.

Do not let a drug conviction follow you around for the rest of your life! Let me fight for you. Call me for a free consultation.

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