Drug Trafficking

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.

What Is Trafficking In A Controlled Substance And What Are The Penalties?

Trafficking in controlled substance is defined a little different for each substance listed below. A conviction is a felony, no matter the substance and carries a mandatory minimum prison sentence (outlined in each section below.)

Trafficking In Marijuana.

Any person who knowingly manufactures, delivers, or brings into Idaho, or who is knowingly in actual or constructive possession of, one (1) pound of marijuana or more, or twenty-five (25) marijuana plants or more, is guilty of the felony crime “trafficking in marijuana.”

If the quantity of marijuana involved is one (1) pound or more, but less than five (5) pounds, or consists of twenty-five (25) marijuana plants or more but fewer than fifty (50) marijuana plants, regardless of the size or weight of the plants, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of one (1) year and fined not less than five thousand dollars ($5,000).

If the quantity of marijuana involved is five (5) pounds or more, but less than twenty-five (25) pounds, or consists of fifty (50) marijuana plants or more but fewer than one hundred (100) marijuana plants, regardless of the size or weight of the plants, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000).

If the quantity of marijuana involved is twenty-five (25) pounds or more, or consists of one hundred (100) marijuana plants or more, regardless of the size or weight of the plants, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000).

The maximum number of years of imprisonment for trafficking in marijuana shall be fifteen (15) years, and the maximum fine shall be fifty thousand dollars ($50,000). That means that a person convicted of this felony must serve the minimum number of years stated above, but may be required to serve any term of years beyond that up to the maximum of fifteen (15) years.

Trafficking In Cocaine.

Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, twenty-eight (28) grams or more of cocaine or of any mixture or substance containing a detectable amount of cocaine is guilty of the felony known as “trafficking in cocaine.”

If the quantity involved is twenty-eight (28) grams or more, but less than two hundred (200) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000).

If the quantity involved is two hundred (200) grams or more, but less than four hundred (400) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000).

If the quantity involved is four hundred (400) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000).

The maximum number of years of imprisonment for trafficking in cocaine is life in prison, and the maximum fine shall be one hundred thousand dollars ($100,000). That means that a person convicted of this felony must serve the minimum number of years stated above, but may be required to serve any term of years beyond that up to the maximum of life in prison.

Trafficking In Methamphetamine or Amphetamine.

Any person who knowingly manufactures or attempts to manufacture methamphetamine and/or amphetamine is guilty of the felony known as “trafficking in methamphetamine and/or amphetamine by manufacturing.”

Any person convicted of trafficking in methamphetamine and/or amphetamine by attempted manufacturing shall be sentenced to a mandatory minimum fixed term of imprisonment of two (2) years and not to exceed fifteen (15) years imprisonment and fined not less than ten thousand dollars ($10,000).

Any person convicted of trafficking in methamphetamine and/or amphetamine by manufacturing shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and not to exceed life imprisonment and fined not less than twenty-five thousand dollars ($25,000). The maximum number of years of imprisonment for trafficking in methamphetamine and/or amphetamine by manufacturing is life, and the maximum fine is one hundred thousand dollars ($100,000).

If the person knowingly delivers, or brings into this state, or is knowingly in actual or constructive possession of, twenty-eight (28) grams or more of methamphetamine or amphetamine, the punishments are as follows:

If the quantity involved is twenty-eight (28) grams or more, but less than two hundred (200) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000).

If the quantity involved is two hundred (200) grams or more, but less than four hundred (400) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of five (5) years and fined not less than fifteen thousand dollars ($15,000).

If the quantity involved is four hundred (400) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000).

The maximum number of years of imprisonment for trafficking in methamphetamine or amphetamine shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000).

Any person who knowingly manufactures, delivers, brings into this state, or who is knowingly in actual or constructive possession of the below-specified quantities of any of the following immediate precursors to methamphetamine or amphetamine (namely ephedrine, methylamine, methyl formamide, phenylacetic acid, phenylacetone, or pseudoephedrine), or any compound, mixture or preparation which contains a detectable quantity of these substances, also is guilty of a felony, the crime known as “trafficking in immediate precursors of methamphetamine or amphetamine.”

If the quantity:

of ephedrine is five hundred (500) grams or more;
of methylamine is one-half (1/2) pint or more;
of methyl formamide is one-quarter (1/4) pint or more;
of phenylacetic acid is five hundred (500) grams or more;
of phenylacetone is four hundred (400) grams or more;
of pseudoephedrine is five hundred (500) grams or more,

the person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than twenty-five thousand dollars ($25,000). The maximum number of years of imprisonment for trafficking in immediate precursors of methamphetamine or amphetamine in the quantities specified above is life, and the maximum fine shall is one hundred thousand dollars ($100,000). If the quantity of pseudoephedrine is twenty-five (25) grams or more, but less than five hundred (500) grams, the person shall be sentenced to a term of imprisonment of up to ten (10) years and fined not more than twenty-five thousand dollars ($25,000).

Trafficking In Heroine.

Any person who knowingly manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of, two (2) grams or more of heroin or any salt, isomer, or salt of an isomer thereof, or two (2) grams or more of any mixture or substance containing a detectable amount of any such substance is guilty the felony crime known as “trafficking in heroin.”

If the quantity involved is two (2) grams or more, but less than seven (7) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of three (3) years and fined not less than ten thousand dollars ($10,000).

If the quantity involved is seven (7) grams or more, but less than twenty-eight (28) grams, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of ten (10) years and fined not less than fifteen thousand dollars ($15,000).

If the quantity involved is twenty-eight (28) grams or more, such person shall be sentenced to a mandatory minimum fixed term of imprisonment of fifteen (15) years and fined not less than twenty-five thousand dollars ($25,000).

The maximum number of years of imprisonment for trafficking in heroin shall be life, and the maximum fine shall be one hundred thousand dollars ($100,000). That means that a person convicted of this felony must serve the minimum number of years stated above, but may be required to serve any term of years beyond that up to the maximum of life in prison.

What Are The Penalties For A Second Trafficking Conviction?

A second conviction for any trafficking offense results in a mandatory minimum fixed term that is twice the term of a first conviction (listed above).

Can The Court Alter The Mandatory Minimums?

No. Any person who is found to have violated a trafficking offense the execution of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum fixed term of imprisonment. Moreover, the Court may not retain jurisdiction. In short, a prison term for the amount of time specified in the mandatory minimum is required.

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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.

Do not let a drug conviction follow you around for the rest of your life! Call me today for a free consultation.

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