If you have been arrested and charged with drug offense, it is important that you understand the charges against you and what your legal rights are. Idaho's drug laws can be complex and severe. You should not try to take on the criminal justice system on your own.
Idaho takes a very strict stance on drug crimes. Whether you're charged with large-scale drug trafficking or simple possession of a controlled substance, a conviction can have serious, even life-changing, short and long term consequences affecting your freedom, future, employment, personal relationships, and reputation. I will draw on my experience and success as a drug crime attorney to fight your case. I scrutinize every case for police mistakes or misconduct and to exploit the weaknesses in the prosecution's case to your advantage. If necessary, I can help you find an effective drug treatment program.
Do not let a drug conviction follow you around for the rest of your life! Let me fight for your rights, your freedom, and your future!
Common Idaho Drug Crimes
Possession Of A Controlled Substance: 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. This is the most common drug crime charged in Idaho. The differences between a misdemeanor and a felony drug charge revolve around the substance involved, the amount possessed, and the potency of the substance.
Frequenting - It is unlawful for any person to be present at or on premises of any place where he or she knows illegal controlled substances are being manufactured or cultivated, or are being held for distribution, transportation, delivery, administration, use, or to be given away.
Possession of Drug Paraphernalia - 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.
Possession With Intent To Distribute - 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.
Delivery Of A 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.
Trafficking - Trafficking is determined by the substance and the weight. This is a serious drug offense that carries mandatory minimum prison sentences.
Prescription Drug Charges
It isn't only the stereotypical "illegal drugs" that can lead to a drug crimes conviction in Idaho. Illegal use of otherwise-legal prescription drugs (like opioid painkillers) can also lead to criminal charges.
DUI Drug Cases
Drug DUIs or Prescription Medication DUIs arise from a wide range of medications and controlled substances. Police officers use their own discretion when assessing impairment from a prescription drug. They often make a decision based on assumption or "instinct". These assumptions are frequently not based on fact, which means they could lead to the arrest of a completely innocent individual.
Unlike many other western states, it is still illegal to possess marijuana in Idaho.
Possession of less that 3 ounces is a misdemeanor and, upon conviction, the defendant 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.
It is not a defense to be from or traveling to a state where marijuana charges are different.
“Simulated” Controlled Substances
A simulated controlled substance means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Considerations for similarity in appearance may include, but are not limited to, color, shape, size, and markings of the dosage unit.
It is unlawful for any person to manufacture or distribute a “simulated controlled substance,” or to possess with intent to distribute, a “simulated controlled substance.” Upon conviction for violating this section, a person is guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars ($1,000) and not more than one (1) year in the county jail, or both. Any person convicted of possessing a “simulated controlled substance” is guilty of a misdemeanor and may be punished by a fine of not more than three hundred dollars ($300) and not more than six (6) months in the county jail, or both.
Except as authorized by Idaho Law, it also is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance. A counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
Controlled Substance Analogs
Even those substances not yet listed as "controlled substances" may be illegal to possess, manufacture, or distribute. An analog is a substance that is substantially similar to a "controlled substance." This law is in place because not all manufactured or designer drugs have the exact same chemical makeup. Analogs are treated just like controlled substances under the law.
Hire An Experienced Drug Crime Lawyer To Fight For You
Do not fight the system on your own, you have too much on the line! Protect your rights and your freedom. Call me today for a free consultation.