Idaho Criminal Defense and DUI Defense Blog

How Much Marijuana Is A Felony In Idaho?

Posted by William Young | Nov 29, 2017 | 0 Comments

Idaho Marijuana Lawyer
Idaho Marijuana Attorney | Boise Marijuana Lawyer

Idaho Marijuana Laws

Marijuana is a Schedule I substance under the Idaho Uniform Controlled Substances Act. Possession of any amount of marijuana is illegal in Idaho but can be classified as either a misdemeanor or a felony depending on the facts of the case.

See: Idaho Code § 37-2705(d)(22)

Possession of Marijuana

Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.

See: Idaho Code Ann. §§ 37-2732(c)(3), (e)

Possession with Intent to Deliver/Distribute

Possession with intent to distribute up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000.

A conviction for possession with intent to deliver is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.

See: Idaho Code Ann. § 37-2739A

Possession with intent to distribute marijuana on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.

See: Idaho Code Ann. § 37-2737A

Trafficking of Marijuana

Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount possessed was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000. Possession of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Possession of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. The maximum number of years of imprisonment for trafficking shall be 15 years and the maximum fine shall be $50,000. 

A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.

See: Idaho Code Ann. § 37-2732(a)(1)(B) and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)

For more information about Idaho marijuana laws: http://norml.org/laws/item/idaho-penalties

 You can also find a great deal of information on our website:

Idaho Marijuana Charges

Idaho Drug Charges

About the Author

William Young

William Young - Idaho Criminal Defense, DUI Defense, and Trial Attorney

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

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

Free 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.

Idaho Criminal Defense
Schofield and Young
Mon: 08:30am - 05:00pm
Tue: 08:30am - 05:00pm
Wed: 08:30am - 05:00pm
Thu: 08:30am - 05:00pm
Fri: 08:30am - 05:00pm