37-2732. PROHIBITED ACTS A — PENALTIES. (a) Except as authorized by this chapter, it is unlawful for any person to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance. (1) Any person who violates this subsection with respect to: (A) A controlled substance classified in schedule I which is a […]
37-2732A. SACRAMENTAL USE OF PEYOTE PERMITTED. The criminal sanctions provided in this chapter do not apply to that plant of the genus Lophophora Williamii commonly known as peyote when such controlled substance is transported, delivered or possessed to be used as the sacrament in religious rites of a bona fide native American religious ceremony conducted […]
37-2732B. TRAFFICKING — MANDATORY SENTENCES. (a) Except as authorized in this chapter, and notwithstanding the provisions of section 37-2732, Idaho Code: (1) Any person who knowingly manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one (1) pound of marijuana or more, or twenty-five (25) marijuana plants […]
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 […]
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 […]
37-2734. PROHIBITED ACTS C — PENALTIES. (a) It is unlawful for any person knowingly or intentionally: (1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to the requirements of section 37-2722, Idaho Code; (2) To use in the course of the manufacture or distribution of a controlled […]
37-2734A. PROHIBITED ACTS D — PENALTIES. (1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled […]
37-2734B. PROHIBITED ACTS E — PENALTIES. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, […]
37-2734C. PROHIBITED ACTS F — PENALTIES. (1) A person is guilty of the crime of unlawful storage of anhydrous ammonia in a container that: (a) Is not approved by the United States department of transportation to hold anhydrous ammonia; or (b) Was not constructed to meet state and federal industrial health and safety standards for […]
37-2735. PENALTIES UNDER OTHER LAWS. Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. History: [I.C., sec. 37-2735, as added by 1971, ch. 215, sec. 1, p. 939.]
37-2735A. DRUG HOTLINE FEE. In addition to any other penalties, a person convicted of a violation of this chapter shall be subject to an additional fine of ten dollars ($10.00) to be deposited in the drug and driving while under the influence enforcement donation fund, as set forth in section 57-816, Idaho Code, to be […]
37-2736. BAR TO PROSECUTION. If a violation of this act is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. History: [I.C., sec. 37-2736, as added by […]
37-2737. DISTRIBUTION TO PERSONS UNDER AGE 18. Any person eighteen (18) years of age or over who violates section 37-2732(a), Idaho Code, by distributing any nonnarcotic drug classified in schedule I, or any controlled substance classified in schedule III, IV, V, or VI, to a person under eighteen (18) years of age who is at […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
