Idaho Possession Of A Controlled Substance With Intent To Deliver

Idaho takes a strict stance on drug crimes. A conviction can have serious, even life-changing, short and long term consequences affecting your freedom, future, employment, personal relationships, and reputation.

Idaho Drug Crimes - Possession With Intent To Distribute, Deliver, Or Manufacture

Under Idaho law it is a felony for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. The penalty for doing so is dictated by what schedule the drug is considered.


A controlled substance classified in Schedule I, which is a narcotic drug or a controlled substance classified in schedule II is penalized with a felony conviction and possible term of life imprisonment, a fine of twenty-five thousand dollars ($25,000), or both.

Any other controlled substance violation involving a nonnarcotic drug classified in Schedule I, or a controlled substance classified in Schedule III, may result in a felony conviction with a maximum prison sentence of five (5) years, a fine of up to fifteen thousand dollars ($15,000), or both.

A Schedule IV violation also is a felony that, upon conviction, has a maximum prison sentence of three (3) years, a maximum fine of ten thousand dollars ($10,000), or a combination of both.

Violating Schedules V and VI results in a misdemeanor with a possible punishment of up to one (1) year in prison, a fine of up to five thousand dollars ($5,000), or both.

Common Drugs Classification

1) Marijuana is a schedule I nonnarcotic.
2) Heroin is a schedule I narcotic
3) Methamphetamine is a Schedule II drug.
4) Cocaine is schedule II drug.

Beyond a punishment issued by the 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.

How Is Manufacture Defined?

“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and included extraction, directly, or indirectly, from substances of natural origin, or independently by means of chemical syntheses, or by a combination of extraction and chemical syntheses, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
(1) By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(2) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for delivery.

How Is Delivery Defined?

“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance, whether or not there is an agency relationship.

How Is Possession Defined?

A person has possession of something if the person knows of its presence and has physical control of it, or has the power and intention to control it.

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