Idaho Felony Possession of a Controlled Substance

Idaho takes a strict stance on drug crimes. A conviction can have serious, even life-changing, short and long term consequences affecting your freedom, future, employment, personal relationships, and reputation.

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Felony 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.

Penalties For Felony Possession Of Controlled Substance (PCS)

Any person who is in possession of a controlled substance classified in Schedule I that is a narcotic drug or a controlled substance classified in Schedule II, is guilty of a felony and, upon conviction, may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.

Any person who is in possession of lysergic acid diethylamide is guilty of a felony and, upon conviction, may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both.

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.

What is "Possession"?

Possession vs. Ownership

Keep in mind, it is illegal to possess a controlled substance - ownership is of the substance does not matter. We get calls almost daily from people who believe they have a defense because the substance in question "was not mine." Unfortunately, this is not a defense - if the state can prove that you were in possession, even if the substance is not yours, you will be found guilty of the crime.

There are two ways that the state can establish possession: Physical Possession and Constructive Possession.

Physical Possession

This is when someone physically has control of an item. For example, the item or substance could be in the person's hand or pocket.

Constructive Possession

A person has constructive possession of something if:

1. The person knows of its presence, and 
2. Has the ability to control the item or substance

Many possession cases center around whether the defendant had constructive possession of the substance. For instance, if the substance is found in a car or a room that the defendant was in - they clearly have the ability to control the substance but did they have knowledge that it was there?

Multiple People In Possession

Because the state can prove possession through "Constructive Possession", this means that multiple people can be convicted of possession for the same controlled substance. For example if four people are in a car and there is a baggie of cocaine in the vehicle, if the state can prove that all four people knew the cocaine was in the vehicle then they could all be convicted of possessing that cocaine.

Let Us Fight Your Idaho Felony Possession Charge

I scrutinize every case for police mistakes or misconduct and to exploit the weaknesses in prosecution's case to your advantage. 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!

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