Drug Offenses Attorney in Boise, ID

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.

Schedule I is located in Idaho Code 37-2705.
Schedule II is located in Idaho Code 37-2707.
Schedule III is located in Idaho Code 37-2709.
Schedule IV is located in Idaho Code 37-2711.
Schedule V is located in Idaho Code 37-2713.
Schedule VI is located in Idaho Code 37-2713A.

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.

"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.

"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.

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.

Except as authorized by Idaho Law, it also is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance. A counterfeit substance means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

A counterfeit substance classified in Schedule I that is a narcotic drug, or a counterfeit substance classified in Schedule II, is guilty of a felony and, upon conviction, may be imprisoned for not more than fifteen (15) years, fined not more than twenty-five thousand dollars ($25,000), or both.

Any other counterfeit substance violation classified in Schedule I that is a nonnarcotic drug or a counterfeit substance contained in Schedule III, is a felony and, upon conviction, the defendant may be imprisoned for not more than five (5) years, fined not more than fifteen thousand dollars ($15,000), or both.

A counterfeit substance classified in schedule IV, is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, fined not more than ten thousand dollars ($10,000), or both.

A counterfeit substance classified in schedules V and VI or a non-controlled counterfeit substance, is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or both.

It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by law.

Any person who is in possession of a controlled substance classified in Schedule I that is a narcotic drug or a controlled substance classified in Schedule II, is guilty of a felony and, upon conviction, may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.

Any person who is in possession of lysergic acid diethylamide is guilty of a felony and, upon conviction, may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both.

Any person who has in his possession a controlled substance that is a nonnarcotic drug classified in Schedule I (except lysergic acid diethylamide), or a controlled substance classified in Schedules III, IV, V and VI is guilty of a misdemeanor and, upon conviction, 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.

Yes. It is unlawful for any person to be present at or on premises of any place where he or she knows illegal controlled substances are being manufactured or cultivated, or are being held for distribution, transportation, delivery, administration, use, or to be given away. These actions may result in a misdemeanor conviction punishable by a fine of not more than three hundred dollars ($300) and not more than ninety (90) days in the county jail, or both.

A simulated controlled substance means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Considerations for similarity in appearance may include, but are not limited to, color, shape, size, and markings of the dosage unit. Considerations for representation may include, but are not limited to, representations or factors of the following nature:

(1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

(2) Statements made to the recipient that the substance may be resold for inordinate profit; or

(3) Whether the substance is packaged in a manner normally used for illicit controlled substances.

It is unlawful for any person to manufacture or distribute a "simulated controlled substance," or to possess with intent to distribute, a "simulated controlled substance." Upon conviction for violating this section, a person is guilty of a misdemeanor and may be punished by a fine of not more than one thousand dollars ($1,000) and not more than one (1) year in the county jail, or both. Any person convicted of possessing a "simulated controlled substance" is guilty of a misdemeanor and may be punished by a fine of not more than three hundred dollars ($300) and not more than six (6) months in the county jail, or both.

Additionally, it is unlawful for any person to cause to be placed in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation offering for sale simulated controlled substances. Any person who violates this subsection is guilty of a misdemeanor and may be punished in the same manner as above.

It is unlawful for any person to manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in Schedules I, II, III and IV, upon the same premises where a child under the age of eighteen (18) years is present.

"Premises" means any:

(1) Motor vehicle or vessel;
(2) Dwelling or rental unit including, but not limited to, apartment, townhouse, condominium, mobile home, manufactured home, motel room or hotel room;
(3) Dwelling house, its curtilage, and any other outbuildings.

A person who violates the provisions of this section may be found guilty of a felony and, upon conviction, may be imprisoned for a term not to exceed five (5) years, fined not more than five thousand dollars ($5,000), or both.

A person who violates the provisions of this section by manufacturing or delivering, or possessing with the intent to manufacture or deliver, methamphetamine or amphetamine in quantities as specified in section 37-2732B(a)(4), Idaho Code, shall be guilty of a felony and, upon conviction, may be imprisoned for a term of up to ten (10) years, fined not more than twenty-five thousand dollars ($25,000), or both.

Any fine imposed shall be in addition to the fine imposed for any other offense, and any term of imprisonment shall be consecutive to any term imposed for any other offense. Consecutive means that the terms of imprisonment cannot be served at the same time, the sentence for one conviction begins after the end of the sentence for another conviction.

If a person is convicted of trafficking in controlled substances the person must serve a mandatory minimum prison sentence as outlined in each section below.

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.

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.

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).

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.

A second conviction for any trafficking offense results in a mandatory minimum fixed term that is twice that otherwise required under the law.

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. The consequences are so serious for these charges that a person should consult with a lawyer as soon as possible. There are ways around the draconian effects of these laws that I properly advise my clients on.

The weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance. That means that the seller's representation is the amount used to determine the amount for purposes of the controlled substance statutes if that representation is a greater weight than the actual weight of the controlled substance.

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

Any person who violates these provisions is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000), or both.