Idaho Marijuana Crimes | Possession of Marijuana
Idaho Marijuana Crimes
"Is Weed Legal In Idaho?" No!
Marijuana is a Schedule I substance under the Idaho Uniform Controlled Substances Act. Possession of any amount of marijuana is illegal in Idaho but, depending on the amount and the surrounding circumstances, can be charged as either a misdemeanor or a felony. See: Idaho Code § 37-2705(d)(22)
The Idaho Crimes Related to Marijuana
There are a variety of criminal charges in Idaho associated with possession, distribution, sale, cultivation, and trafficking of marijuana.
Misdemeanor Possession of Marijuana
Possession of less that 3 ounces is a misdemeanor and, upon conviction, the defendant may be jailed for up to one (1) year, or fined not more than one thousand dollars ($1,000), or both. If any person is found to possess marijuana in an amount greater than three (3) ounces net weight, it shall be a felony and, upon conviction, that person may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both. It is not a defense to be from or traveling to a state where marijuana charges are different.
Misdemeanor Possession of Paraphernalia
In nearly all cases, marijuana charges in Idaho are also accompanied by the misdemeanor charge of Possession Paraphernalia With Intent To Use. For more information on this charge see: Idaho Possession of Paraphernalia.
Felony Possession of Marijuana
In Idaho there are a number of felony charges that can result from possession of marijuana - from simple possession to trafficking. In most instances, Idaho law determines the type of charge and severity by the quantity of marijuana possessed, not by the intended actions of the defendant.
How Much Marijuana is a Felony in Idaho?
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: Misdemeanor Possession of Marijuana, Felony Possession, and Idaho Code Ann. §§ 37-2732(c)(3), (e). Blog Article: How Much Marijuana Is A Felony?
Possession of Marijuana with Intent to Deliver/Distribute/Manufacture
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: Possession With Intent to Deliver and 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
Idaho 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 trafficked 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. Trafficking 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. Trafficking 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.
A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.
See: Trafficking of Marijuana, Idaho Code Ann. § 37-2732(a)(1)(B), and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)
Idaho Sale/Delivery of Marijuana
Delivery of 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. Delivery or import into Idaho of 1 pound, or more or 25 plants or more, is considered trafficking in marijuana. See: Idaho Code Ann. § 37-2732(a)(1)(B) and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)
A conviction for delivery 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
Delivery by a person aged 18 or older to a person aged 18 years or younger who is at least 3 years their junior is punishable by a term of imprisonment that is twice that authorized for delivery. See: Idaho Code Ann. § 37-2737
Delivery 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
Idaho Cultivation of Marijuana
Cultivation of 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. Cultivation of 1 pound or more, or 25 plants or more, is considered trafficking in marijuana. See: Idaho Code Ann. § 37-2732(a)(1)(B) and Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8)
A conviction for cultivation 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
Cultivation 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
Possession in Idaho Defined
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:
- The person knows of its presence, and
- 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.
Contact Us To Discuss Your Case
If you are charged with a Marijuana Crime in Idaho, you need a lawyer that will fight to protect your rights. Call Schofield and Young for a free consultation - (208) 344-0128.
