Anyone who pleads guilty to or is convicted of an offense under the Idaho Uniform Controlled Substances Act which is punishable by more than 1-year imprisonment must forfeit certain property to the state of Idaho. This includes any property constituting or derived from profits of the violation and any property used in or used to facilitate the violation.
Vehicles and other property may be seized for violations of the Idaho Uniform Controlled Substances Act. Proceedings must commence within 30 days after the seizure. For certain properties, a notice of forfeiture must be provided to all those with an interest in it. Interested partied have 20 days to file an answer from the time that the notice is mailed or published.
Possession of 3 ounces or less of marijuana is a misdemeanor punishable by up to 1-year imprisonment and/or a fine up to $1,000. If the quantity possessed is more than 3 ounces but less than 1 pound, it is a felony punishable by up to 5 years imprisonment and/or a fine up to $10,000.
Possession with intent to distribute marijuana on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.
A conviction for cultivation is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that was punishable by imprisonment of more than 1 year.
Cultivation on premises where a person under the age of 18 is present is a felony punishable by up to 5 years imprisonment and/or a fine up to $5,000.
1. Possession with intent to distribute up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000.
2. Possession of 1 pound or more, or 25 or more plants, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount possessed was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000.
3. Possession of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000.
4. Possession of 25 pounds or more, or 100 plants or more, of marijuana receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000. Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed.
A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.
A conviction for possession with intent to deliver is punishable by a mandatory minimum of 3 years to life imprisonment if it is within 10 years of a conviction in any U.S. territory for an offense related to dealing, selling, or trafficking controlled substances that were punishable by imprisonment of more than 1 year.
1. Cultivation of up to 1 pound or up to 24 plants of marijuana is a felony punishable by up to 5 years imprisonment and/or a fine up to $15,000.
2. Cultivation of 1 pound or more, or 25 plants or more, is considered trafficking in marijuana, a felony punishable by up to 15 years imprisonment and a fine up to $50,000. If the amount cultivated was 1 pound or more but less than 5 pounds, or 25 plants or more but less than 50 plants, the offender receives a mandatory minimum fixed term of 1 year imprisonment and a mandatory fine of at least $5,000.
3. Cultivation of 5 pounds or more but less than 25 pounds, or 50 plants or more but less than 100 plants, of marijuana, receives a mandatory minimum fixed term of 3 years imprisonment and a mandatory fine of at least $10,000. Cultivation of 25 pounds or more, or 100 plants or more, of marijuana, receives a mandatory minimum fixed term of 5 years imprisonment and a mandatory fine of at least $15,000
Suspension and deferral are not available for trafficking in marijuana offenses, and parole may not be granted until the minimum sentences are completed. A second offense of trafficking in marijuana will receive a mandatory minimum term of imprisonment that is double that authorized for the offense.
|
Offense |
Penalty |
Incarceration |
  Max. Fine |
|
|
Possession |
||||
| Personal Use: | ||||
| 3 oz. or less |
Misdemeanor |
1 year |
$1,000 |
|
| 3 oz. to 1 lb. |
Felony |
5 years |
$10,000 |
|
| With Intent To Distribute | ||||
| Less than 1 lb. or 25 plants |
Felony |
5 years |
$15,000 |
|
| More than 1 lb. or 25 plants |
Felony |
15 years |
$50,000 |
|
| 1 – 5 lbs. or 25 – 50 plants |
Felony |
1 year |
$5,000 |
|
| 5 – 25 lbs. or 50 – 100 plants |
Felony |
3 years |
$10,000 |
|
| More than 25 lbs. or 100 plants |
Felony |
5 years |
$15,000 |
|
| 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 |
||||
| Less than 1 lb. or 25 plants |
Felony |
5 years |
$15,000 |
|
| More than 1 lb. or 25 plants |
Felony |
15 years |
$50,000 |
|
| 1 – 5 lbs. or 25 – 50 plants |
Felony |
1 year |
$5,000 |
|
| 5 – 25 lbs. or 50 – 100 plants |
Felony |
3 years |
$10,000 |
|
| More than 25 lbs. or 100 plants |
Felony |
5 years |
$15,000 |
|
| Where a person under the age of 18 is present           . |
Felony |
5 years |
$5,000 |
|
| *Mandatory minimum sentence | ||||
|
Cultivation |
||||
| Less than 1 lb. or 25 plants |
Felony |
5 years |
$15,000 |
|
| More than 1 lb. or 25 plants |
Felony |
15 years |
$50,000 |
|
| 1 – 5 lbs. or 25 – 50 plants |
Felony |
1 year |
$5,000 |
|
| 5 – 25 lbs. or 50 – 100 plants |
Felony |
3 years |
$10,000 |
|
| More than 25 lbs. or 100 plants |
Felony |
5 years |
$15,000 |
|
| 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. | ||||
|
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 |
|
|
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 product. |
Misdemeanor |
1 year |
$25,000 |
|
| Possession of marijuana and under 18 will result in driver’s license revocation for a period of not more than 1 year. | ||||
Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO
