Idaho

Mandatory Minimum Sentence
Tax Stamps
Drugged Driving

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
Personal Use
3 oz or less Misdemeanor 1 year $ 1,000
3 oz - less than 1 lb Felony 5 years $ 10,000
With intent to distribute
1 - less than 5 lbs or 25 - less than 50 plants Felony 1 year* $ 50,000
5 - less than 25 lbs or 50 - less than 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 5,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.
Sale or Delivery
1 - less than 5 lbs or 25 - less than 50 plants Felony 1 year* $ 50,000
5 - less than 25 lbs or 50 - less than 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 50,000
* Mandatory minimum sentence
Cultivation
1 - less than 5 lbs or 25 - less than 50 plants Felony 1 year* $ 50,000
5 - less than 25 lbs or 50 - less than 100 plants Felony 3 years* $ 50,000
25 lbs or more or 100 plants or more Felony 5 years* $ 50,000
Where a person under the age of 18 is present Felony 5 years $ 50,000
* Mandatory minimum sentence
Possession of 1 lb or more, or 25 or more plants is considered trafficking.
Hash & Concentrates
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.
Paraphernalia
Use or possession of paraphernalia Misdemeanor 1 year $ 1,000
Manufacture or sale of paraphernalia Felony 9 years $ 30,000
Forfeiture
Vehicles and other property may be seized.
Miscellaneous
Use or intoxication in public Misdemeanor 6 months $ 1,000
Presence at location where marijuana is cultivated or stored Misdemeanor 3 months $ 300
Maintaining a structure used for selling or storing marijuana Misdemeanor 1 year $ 25,000
Possession of marijuana and under the age of 18 will result in driver's license revocation for a period of not more than 1 year.

Details

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

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.