Several states, including our neighbor Washington, have recently legalized recreational cannabis use; however, Idaho has yet to do so—even for medical reasons.
In fact, the Gem State has some of the harshest marijuana laws in the United States. Idaho cannabis laws prohibit weed within the state and marijuana possession, sale, and trafficking remains illegal under federal law according to the Controlled Substance Act.
The following are the penalties for all marijuana crimes in Idaho:
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Possession of marijuana
- Under three ounces – Considered a misdemeanor that is punishable by a maximum jail sentence of one year and/or a fine of up to $1,000.
- Over three ounces – Considered a felony that is punishable by a maximum prison sentence of five years and/or a fine of up to $10,000.
- Subsequent offense – Results in a double penalty.
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Cultivation or distribution of marijuana
- Up to one pound of marijuana, or fewer than 25 cannabis pants – Considered a felony, punishable by a maximum prison sentence of five years and/or a fine of up to $15,000.
- Cultivation or distribution in the presence of a minor – In addition to the penalties for cultivation and distribution, additional jail time and fines apply to such activities when they’re conducted on premises where a minor younger than 18 years of age is present. It is considered a felony, punishable by up to five additional years in prison and/or an additional fine of up to $5,000.
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Trafficking of marijuana
- Between one pound but less than five pounds or 25 plants but less than 50 plants – Considered a felony that is punishable by a mandatory minimum prison sentence of one year (with a maximum prison sentence of 15 years) and/or a fine of at least $5,000 (or up to $50,000).
- Between five pounds but less than 25 pounds or 50 plants but less than 100 plants – Considered a felony that is punishable by a mandatory minimum prison sentence of three years (with a maximum prison sentence of 15 years) and/or a fine of at least $10,000 (or up to $50,000).
- Between 25 pounds or more, or 100 plants or more – Considered a felony that is punishable by a mandatory minimum sentence of five years (with a maximum prison sentence of 15 years) and/or a fine of up to $15,000 (or up to $50,000).
- Subsequent offense – Results in double the mandatory minimum prison terms according to the amount possessed. However, for any conviction, the maximum prison term is 15 years, and the maximum fine is $50,000
In addition, it is a misdemeanor to be present on any premises that are known to be used for cannabis cultivation, distribution, or storage. Penalties include a maximum jail sentence of 90 days and/or a fine of up to $300.
If you have been arrested for a drug crime in the Gem State, contact May, Rammell & Wells and schedule a consultation with our Pocatello criminal defense attorney today.