Idaho Drug Crimes | Controlled Substance Offenses | Marijuana Crimes

Idaho takes a very strict stance on drug crimes. Whether you're charged with large-scale drug trafficking or simple misdemeanor offense, a conviction can have serious, even life-changing, consequences.

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Idaho Drug Offenses

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. Do not let a drug conviction follow you around for the rest of your life. Let us fight for your rights, your freedom, and your future.

We will draw on our vast experience and success as a drug crime attorneys to fight your case. Our attorneys scrutinize every case for police mistakes or misconduct and to exploit the weaknesses in the prosecution's case to your advantage. If necessary, we can help you find an effective drug treatment program.

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Idaho Misdemeanor Possession | Idaho Felony Possession

Types of 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.

See: Idaho Code 37-2732(c)Frequenting A Place Where Drugs Are Present

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.

See: Idaho Code 37-2734A

Frequenting A Place Where Drugs Are Present

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. See: Idaho Code 37-2732(c)

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.

Drug Trafficking

Trafficking is determined by the substance and the weight. This is a serious drug offense that carries mandatory minimum prison sentences.  

Idaho Marijuana Crimes (misdemeanor and felony)

Unlike many other western states, it is still illegal to possess marijuana in Idaho. Be sure to understand the charges against you as the ounce sizes included in the charge can have different punishments. See: Idaho Code § 37-2705(d)(22)

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.

Drug DUI Cases 

A Drug DUI or prescription medication DUI's 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.

Public Intoxication 

A crime where a pedestrian is under the influence of drugs and/or alcohol and presenting a hazard to themselves and the public. See: Idaho Code 49-1426 and Boise Code 5-2-4. 

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Hire An Experienced Idaho Lawyer To Fight For Your Drug Charges

Do not fight the system on your own, you have too much on the line! Protect your rights and your freedom. Let one of our experienced criminal defense lawyers help you. 

Contact Us To Discuss Your Case

Idaho PCS Lawyers | Felony Possession | Misd Possession

Idaho's Premier Criminal Defense and DUI Attorneys

We are committed to providing every client with the respect and compassion they deserve. We work one-on-one with our clients to provide them with the best possible defense. Let us help you. Boise DUI AttorneysBoise Criminal Defense

We Provide Free Criminal Defense And DUI Consultations

Each case is unique. The strength and weakness of your case will depend on the particular facts of your case. Contact us to discuss your Criminal Defense or DUI case. We will explain the process and give you an honest assessment of the case.

Office Location

Schofield and Young
1109 W. Main St. Suite 600
Boise, ID 83702
(208) 344-0128