Marijuana is a Schedule I hallucinogenic substance under the Idaho Uniform Controlled Substances Act.

See

• Idaho Code Ann. § 37-2705(d)(22) Web Search

Possession for Personal Use

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) Web Search

Possession with Intent to 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. 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. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. 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) Web Search
• Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search

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 Web Search

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 Web Search

Sale/Delivery

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, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount delivered or imported 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. Delivery or import into Idaho 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. Delivery or import into Idaho 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. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. 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) Web Search
• Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search

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 Web Search

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 Web Search

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 Web Search

Cultivation

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, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount cultivated 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. Cultivation 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. Cultivation 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. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. 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)(B) Web Search
• Idaho Code Ann. §§ 37-2732B(a)(1), (7)-(8) Web Search

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 Web Search

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 Web Search

Hash & Concentrates

Hashish is classified as a Schedule I drug in Idaho. The Definitions section of the statute includes Hashish and Marijuana Concentrates when it defines Marijuana as the plant and every derivative preparation of it. The Penalties section reinforces this interpretation by explicitly including, as Marijuana, any extract or preparation of cannabis which contains tetrahydrocannabinol. The statute never explicitly refers to Hashish or Marijuana Concentrates as being separate from Marijuana. Therefore, the penalties for hashish and THC concentrates should be the same as for marijuana. Please see the above marijuana section for further information.

See

• Idaho Code Ann. §37-2705(d)(27) Web Search
• Idaho Code Ann. §37-2732(e) Web Search
• Idaho Code Ann. §37-2701(t) Web Search

Paraphernalia

Use or possession of paraphernalia is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000.

See

• Idaho Code Ann. § 37-2734A Web Search

Manufacture or sale of drug paraphernalia is a felony punishable by up to 9 years imprisonment and/or a fine up to $30,000.

See

• Idaho Code Ann. § 37-2734B Web Search

Sentencing

For violations of possession, cultivation, and sale of marijuana, all offenders are required to undergo a substance abuse evaluation. This requirement may be waived if the violation is the offenders first, the charge is for simple possession, and the court finds no reason to believe that the offender is in need of treatment. This evaluation will be used in determining the sentence of the offender, which may include mandatory treatment.

See

• Idaho Code Ann. § 37-2738(2) Web Search

Judgment may be withheld if the offender has no prior felony convictions, convictions for driving under the influence, or convictions for possession, sale, or cultivation of a controlled substance, the offender has been cooperative with law enforcement efforts for drug-related crime, and the court believes that they will complete the terms of probation. When a person pleads guilty or is found guilty of possession, sale, or cultivation, if they are granted a probationary period, it will include a minimum of 100 hours of community service.

See

• Idaho Code Ann. §§ 37-2738(4)-(5) Web Search

Second Offense

A second or subsequent offense is subject to twice the term of imprisonment and twice the fine authorized for the offense. An offense for this provision is any conviction under the Idaho Uniform Controlled Substances Act or under a federal statute or statute of another state relating to controlled substances.

See

• Idaho Code Ann. § 37-2739 Web Search

Forfeiture

Criminal

Anyone who pleads guilty to or is convicted of an offense under the Idaho Uniform Controlled Substances Act which is punishable by more than 1 year imprisonment must forfeit certain property to the state of Idaho. This includes any property constituting or derived from profits of the violation and any property used in or used to facilitate the violation.

See

• Idaho Code Ann. § 37-2801 Web Search

Civil

Vehicles and other property may be seized for violations of the Idaho Uniform Controlled Substances Act. Proceedings must commence within 30 days after the seizure. For certain properties, a notice of forfeiture must be provided to all those with an interest in it. Interested partied have 20 days to file an answer from the time that the notice is mailed or published.

See

• Idaho Code Ann. § 37-2744 Web Search
• Idaho Code Ann. § 37-2744A Web Search

Miscellaneous

Use or intoxication in public

Using or being under the influence of marijuana on public property or on private property open to the public is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $1,000. The court may assess an additional cost of up to $200 for reimbursement to the arresting or prosecuting authority. A public use or intoxication offense that occurs within 5 years of 2 or more separate public use or intoxication convictions is punishable by a mandatory minimum of 120 days imprisonment to a maximum of 1 year if the offender refuses to complete treatment.

See

• Idaho Code Ann. § 37-2732C Web Search

Presence at location where marijuana is cultivated or stored

Presence at or on the premises where marijuana is cultivated or held for distribution, transportation, delivery, or use is a misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $300.

See

• Idaho Code Ann. § 37-2732(d) Web Search

Knowingly maintaining a structure used for drug offenses

It is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $25,000 to maintain a structure (including vehicles and houses) that the owner knows is used for selling, storing, or using marijuana.

See

• Idaho Code Ann. §§ 37-2733(a)(5), (b) Web Search

Fees for investigation

Upon a felony or misdemeanor conviction of the Idaho Uniform Controlled Substances Act, the offender may be ordered to pay for the costs of investigating their offense incurred by law enforcement.

See

• Idaho Code Ann. § 37-2732(k) Web Search

Drug hotline fee

Any violation of the Idaho Uniform Controlled Substances Act results in a fee of $10, which is deposited in the drug and driving under the influence enforcement donation fund.

See

• Idaho Code Ann. § 37-2735A Web Search

Driver's license revocation

Any person who pleads guilty or is found guilty of possessing of marijuana and is under 18 shall have their license revoked for a period of not more than 1 year.

See

• Idaho Code Ann. § 18-1502C(3)(a) Web Search

 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

TAX STAMPS

 

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.

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Idaho Marijuana Arrests

 

Idaho	2008	2009	2010	2011	2012	ARC
Possession	3,182	3,242	3,657	3,962	3,765	4.3%
Sales	232	340	358	316	295	6.2%
Total	3,414	3,582	4,015	4,278	4,060	4.4%

ARC: Annual Rate of Change

Source: Federal Bureau of Investigation, Uniform Crime Reporting Program