Idaho is a particularly bad place to get arrested for a drug crime. Getting an excellent drug possession, sale, and trafficking lawyer is critical to ensuring that you protect your rights and have someone to defend you against the machinations of the state.
Some of the most common charges, along with their penalties, are as follows:
- Possession of Marijuana
- Possession of Cocaine
- Possession of Methamphetamine (Meth)
- Possession of Prescription Medication
- Protecting Yourself From the State
Possession of Marijuana
While marijuana laws are tougher in Idaho than in most states, they are less severe than for most other controlled substances. As described in the Idaho Statues on Uniform Controlled Substances, marijuana crimes and penalties are as follows:
Misdemeanor – Under 3 ounces – Up to $1000 and/or up to 1 year
Felony – Over 3 ounces – Up to $10,000 and/or up to 5 years
Note that there is a double penalty for additional convictions.
Possession of Drug Paraphernalia
In Article IV of the Idaho Statutes on Uniform Controlled Substances, the state notes that it is against the law to have any “paraphernalia” related to illegal drugs, meaning ancillary objects with which you plant, grow, manufacture, test, or perform various other actions on these substances.
Possession of drug paraphernalia is a misdemeanor if you are found guilty. You can be sentenced up to $1000 and/or one year in jail. The same applies if you advertise drug paraphernalia.
Possession of Marijuana with Intent to Distribute
The law makes a significant distinction between those who are part of the drug supply chain and those who are not.
Anyone who is found guilty of breaking this law is convicted of a felony. The sentence can be as high as a $15,000 fine and up to 5 years in prison.
Sale of Marijuana
You can receive up to a $15,000 fine and/or up to 5 years. It is a felony. A double penalty applies for additional convictions.
Trafficking in Marijuana
You are considered to be a trafficker when you have a minimum of 25 plants or 1 pound. It is a felony.
Between 25 and 50 plants or between 1 pound and 5 pounds – up to $5000 and/or up to 1 year
Between 50 and 100 plants or between 5 and 25 pounds – up to $10,000 and up to 3 years
More than 100 plants or 25-50 pounds – up to $15,000 and up to 5 years
The maximum for trafficking in marijuana is a $50,000 fine and 15 years.
Possession of Cocaine
Cocaine possession carries a maximum $15,000 and up to 7 years. There are double penalties for additional convictions.
It is considered trafficking (see below) if the amount of cocaine is 28 grams or higher.
Sale of Cocaine
If you are convicted for selling cocaine, the fine is up to $25,000 and up to life behind bars. Again, additional convictions carry double penalties.
Trafficking in Cocaine
Trafficking laws get especially harsh, with mandatory minimum sentencing. Trafficking between 28 and 200 grams leads to a minimum $10,000 fine and 3 years. If the amount is 200 to 400 grams, you get a minimum $15,000 and 5 years. If it is over 400 grams, you get a minimum $25,000 fine and 10 years. The maximum possible sentence is $100,000 and a life sentence.
Possession of Methamphetamine (Meth)
Possession of 28 to 200 grams of methamphetamine requires at least 3 years in prison to life and $10,000 fine.
Trafficking in Methamphetamine (Meth)
Trafficking in methamphetamine results when someone has 28 grams or more of amphetamine, methamphetamine, or any substance with detectable amounts of those drugs.
The penalty is a minimum $10,000 fine and minimum 2 years (maximum 15 years) in jail.
Possession of Prescription Medication
Penalties for wrongful possession of controlled substances are harsh even when the substance was originally dispensed through a legal prescription. Generally, possession of a substance without a prescription carries with it the potential for a fine of up to $15,000 and up to 7 years in jail.
Protecting Yourself from the State
When you are charged with the above drug crimes or any others, it is critical to get strong legal representation. At Atkinson Law Office, we are dedicated to putting the presumption of innocence back into the system. Meet the attorneys.