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

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

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.