Section 37-2746 – JUDICIAL REVIEW.
37-2746. JUDICIAL REVIEW. All final determinations, findings and conclusions of the board under this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the district court of the county where the aggrieved person resides. Findings of fact by the board, if […]
Section 37-2737A – MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT.
37-2737A. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT. (1) Except as authorized in this chapter, 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 in this chapter, upon the same […]
Section 37-2738 – SENTENCING CRITERIA IN DRUG CASES.
37-2738. SENTENCING CRITERIA IN DRUG CASES. (1) Any person who pleads guilty to, is found guilty of or has a judgment of conviction entered upon a violation of the provisions of subsection (a), (b), (c) or (e) of section 37-2732, Idaho Code, shall be sentenced according to the criteria set forth herein. (2) Prior to […]
Section 37-2739 – SECOND OR SUBSEQUENT OFFENSES.
37-2739. SECOND OR SUBSEQUENT OFFENSES. (a) Any person convicted of a second or subsequent offense under this act, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or […]
Section 37-2739A – MANDATORY MINIMUM PENALTY.
37-2739A. MANDATORY MINIMUM PENALTY. Any person who is convicted of violating the felony provisions of section 37-2732(a), Idaho Code, by distributing controlled substances to another person, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, and who has previously been convicted within the past ten (10) years in a court […]
Section 37-2739B – FIXED MINIMUM SENTENCES IN DRUG CASES.
37-2739B. FIXED MINIMUM SENTENCES IN DRUG CASES. (a) The legislature intends to allow fixed minimum sentences for certain aggravating factors found in cases brought under the uniform controlled substances act. The legislature hereby finds and declares that trafficking in controlled substances in the state of Idaho is a primary contributor to a societal problem that […]
Section 37-2739C – MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION.
37-2739C. MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION. (1) A person acting in good faith who seeks medical assistance for any person experiencing a drug-related medical emergency shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the […]
Section 37-2732C – USING OR BEING UNDER THE INFLUENCE — PENALTIES.
37-2732C. USING OR BEING UNDER THE INFLUENCE — PENALTIES. (a) Except as authorized in this chapter, it is unlawful for any person on a public roadway, on a public conveyance, on public property or on private property open to the public, to use or be under the influence of any controlled substance specified in subsection […]
Section 37-2740 – POWERS OF ENFORCEMENT PERSONNEL.
37-2740. POWERS OF ENFORCEMENT PERSONNEL. (a) Any peace officer, as defined by this act, may: (1) Carry firearms in the performance of his official duties; (2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state; (3) Make arrests without warrant for any offense under […]
Section 37-2733 – PROHIBITED ACTS B — PENALTIES.
37-2733. PROHIBITED ACTS B — PENALTIES. (a) It is unlawful for any person: (1) Who is subject to article III of this act to distribute or dispense a controlled substance in violation of section 37-2722, Idaho Code; (2) Who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute […]