Idaho Drug Possession Laws

Idaho drug possession laws prohibit possession of certain controlled substances. These substances include opiates, opium derivatives, hallucinogenic substances, depressants and stimulants. Familiarly known drugs contained under these categories are marijuana, LSD, peyote, codeine and heroin. Idaho's laws focus on the intent of the possession, especially where the intent is to manufacture or distribute. It is an affirmative defense that the controlled substance was obtained pursuant to a valid prescription from an authorized practitioner.

Drug Possession in Idaho

Idaho's drug possession laws state that it is illegal to possess a controlled substance unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner acting within the course of his professional practice.

It is also unlawful to possess a simulated controlled substance. Penalties for these violations are tiered by the classification of the controlled substance. (See table below)

Penalties

Plea Options

In addition to the affirmative defense of possession with a valid prescription, it is also a defense that the drugs did not belong to the possessor or that there was no intent to sell. Often courts consider whether there have been any prior offenses.

Talk with an Attorney

If you face drug possession charges in Idaho, you risk jail time if you are convicted. To avoid any penalties and defend against possible prosecution and/or conviction, talk with a lawyer experienced with Idaho's drug laws.