Section 37-3105 – REPORTS — FORM.
37-3105. REPORTS — FORM. Every physician that provides treatment or rehabilitation services to a person addicted to or dependent upon drugs shall each quarter of every year, commencing July 1, 1971, make a statistical report to the director of the department of health and welfare or his designee in such form and manner as the […]
Section 37-3301 – DEFINITIONS.
37-3301. DEFINITIONS. As used in this chapter: (1) "Pseudoephedrine product" means any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers. (2) "Retailer" means any person, other than a wholesaler, who sells or offers for sale or distributes at retail pseudoephedrine products, irrespective of […]
Section 37-3302 – SALES OF PSEUDOEPHEDRINE PRODUCTS.
37-3302. SALES OF PSEUDOEPHEDRINE PRODUCTS. A retailer shall ensure that: (1) Pseudoephedrine products offered for sale are located either in an area where the public is not permitted or inside a locked display case; and (2) All distributions of pseudoephedrine products are conducted by an employee of the retailer. No pseudoephedrine products shall be dispensed […]
Section 37-3303 – LIMITATIONS ON SALES AND PURCHASES.
37-3303. LIMITATIONS ON SALES AND PURCHASES. (1) It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a pseudoephedrine product or products containing more than a base amount of three and six-tenths (3.6) grams of pseudoephedrine. (2) It shall be unlawful for any person to knowingly purchase […]
Section 37-2744A – REAL PROPERTY SUBJECT TO FORFEITURE.
37-2744A. REAL PROPERTY SUBJECT TO FORFEITURE. (a) Any real property, including any interest therein and any appurtenances thereto or improvements thereon, which is used in any manner or part, to commit or to facilitate the commission of a violation of the provisions of this chapter punishable by more than one (1) year of imprisonment, shall […]
Section 37-2808 – REAL PROPERTY — RIGHTS OF THIRD PARTIES.
37-2808. REAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture, by filing a notice of seizure with the recorder of the county in […]
Section 37-2744B – AUTHORIZATION TO RECEIVE AND ADMINISTER FEDERAL FORFEITURES AND PRIVATE DONATIONS.
37-2744B. AUTHORIZATION TO RECEIVE AND ADMINISTER FEDERAL FORFEITURES AND PRIVATE DONATIONS. The director of the Idaho state police is authorized to receive and dispose of any real or personal property which has been seized by a federal drug enforcement agency, or any donations from private citizens, the proceeds of which shall be placed in the […]
Section 37-2809 – PROPORTIONALITY.
37-2809. PROPORTIONALITY. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the […]
Section 37-2745 – BURDEN OF PROOF — LIABILITIES.
37-2745. BURDEN OF PROOF — LIABILITIES. (a) It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under the provisions of this act. The burden of proof of any exemption or exception is […]
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 […]