Idaho Felony Possession of a Controlled Substance

If you have been arrested and charged with a 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.

When Should You Seek Legal Help?

Anytime you face criminal charges—even misdemeanor drug charges—it's vital to consult a criminal defense lawyer. A conviction, even for a first-time offense, can result in jail time and steep fines. If you are charged with a drug offense again, the penalties can increase significantly, sometimes even doubling. A skilled attorney can help you navigate these complicated laws and work to minimize the impact on your life and future.

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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.

Additionally, the law prohibits a range of related activities beyond simple possession. It is illegal to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance. The same restrictions apply to counterfeit substances—creating, delivering, or possessing with intent to deliver any fake version of a controlled substance is also unlawful.

Presence matters, too: knowingly being at a location where illegal controlled substances are being manufactured, cultivated, or held for distribution, delivery, use, or even just to be given away is itself a violation.

Specific penalties kick in for marijuana: possessing more than three ounces (net weight) of marijuana—which includes all parts of the cannabis plant, extracts, or preparations containing THC—constitutes a felony. Conviction may lead to imprisonment for up to five years, a fine of up to $10,000, or both.

Conspiracy isn't overlooked. If two or more people plan together to commit any of these offenses, each can be punished up to the maximum penalty allowed for the underlying crime.

The law also addresses “simulated controlled substances”—those substances designed to look or act like the real thing. Manufacturing, distributing, or possessing with intent to distribute a simulated controlled substance is prohibited, as is simple possession.

Finally, advertising or soliciting the sale of simulated controlled substances—whether in newspapers, magazines, handbills, or posted in public places—is strictly forbidden.

In short: unlawful possession, creation, distribution, or even being present where controlled substances are handled can result in serious legal consequences.

Penalties For Felony Possession of a Controlled Substance (PCS)

Possession of a controlled substance is generally unlawful unless the substance was obtained directly from, or under a valid prescription or order of, a licensed practitioner acting within the scope of their professional practice, or as otherwise authorized by law.

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.

For those in possession of a nonnarcotic drug classified in Schedule I (excluding lysergic acid diethylamide), or substances classified in Schedules III, IV, V, or VI, the offense is considered a misdemeanor. Upon conviction, the penalty may include imprisonment for not more than one (1) year, a fine of up to one thousand dollars ($1,000), or both.

Additionally, if a person is found to possess marijuana—defined here as any part or preparation of the Cannabis plant containing tetrahydrocannabinol—in an amount greater than three (3) ounces net weight, this is treated as a felony. Conviction may result in imprisonment for up to five (5) years, a fine of up to ten thousand dollars ($10,000), or both.

In addition to the above, the law prohibits the manufacture or delivery, or possession with intent to manufacture or deliver, of any controlled substance unless specifically authorized. Penalties vary based on the classification of the substance involved:

• Schedule I (Narcotic drugs) or Schedule II substances: Conviction is a felony, carrying a possible prison term up to life, a fine of up to twenty-five thousand dollars ($25,000), or both.
• Schedule I (Non-narcotic drugs) or Schedule III substances: Conviction is a felony, punishable by up to five (5) years in prison, a fine not exceeding fifteen thousand dollars ($15,000), or both.
• Schedule IV substances: Conviction is a felony, with penalties of up to three (3) years imprisonment, up to ten thousand dollars ($10,000) in fines, or both.
• Schedules V and VI substances: Conviction is a misdemeanor, with a maximum penalty of one (1) year in jail, a fine up to five thousand dollars ($5,000), or both.

The law makes clear distinctions between simple possession and possession with intent to manufacture or deliver, as well as between narcotic and non-narcotic substances, so penalties may differ according to the circumstances and the specific schedule of the substance involved.

Possessing More Than Three Ounces of Marijuana

Anyone caught with more than three ounces of marijuana (that includes all parts of the cannabis plant, extracts, or any preparation containing THC) faces a felony charge. A conviction for this offense can result in up to five years in prison, a fine as high as $10,000, or both.

Punishment Outside of 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.

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Possession of a Controlled Substance 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

We 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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