Idaho Drug Crimes - Marijuana Charges

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)

What is an Idaho Marijuana Crime? 

Possession of less that 3 ounces is a misdemeanor and, upon conviction, the defendant may be imprisoned for not more than 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 "with intent to use"

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: Paraphernalia in Idaho.

Misdemeanor Possession of Marijuana vs. Felony 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:Misdemeanor Possession, Felony Possession, and Idaho Code Ann. §§ 37-2732(c)(3), (e).

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 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, 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

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 William Young and Associates today for a free consultation.