Idaho Simulated, Analog, and Counterfeit Substance Charges

If you are charged with a substance charge, of any kind,  it is important to understand the charges against you. Drug crimes in Idaho are very serious. Do not try to take on the criminal justice system on your own. 

What is a “Simulated” Controlled Substance Charge? 

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.

Counterfeit Substances

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.

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