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How Much Marijuana Is A Felony In Idaho?

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

Idahomedicalmarijuana

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 Ann. § 37-2705(d)(22)

Possession

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

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

About the Author

William Young

Idaho Criminal Defense and Civil Litigation Attorney. Although I do a little bit of everything in my practice, I focus primarily on Criminal Defense and Civil Litigation. I am licensed to practice, and have a record of success, in both state and federal court.

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