Idaho Sale of a Controlled Substance Laws

Learn about the penalties for selling drugs in Idaho.

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All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for their sale. Idaho considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them.

This article concerns the unlawful sale or distribution of CDS. Separate punishments apply to possession of CDS for personal use or for the unlawful manufacture of controlled substances. For information about possession of controlled substances for personal use, see Possession of a Controlled Substance in Idaho.

How Idaho Classifies Controlled Dangerous Substances

Idaho divides its CDS into six “schedules” based on factors such as their potential for abuse and dependence, and whether they are approved for legitimate medical use:

  • Schedule I drugs (such as opiates and certain opium derivatives and hallucinogenic substances) as those that have a high potential for abuse, no accepted medical use, or are unsafe for use in treatment, even under medical supervision.
  • Schedule II drugs (such as coca leaves and opium) have a high potential for abuse, have an accepted medical use, and can result in severe psychological and physical dependence if abused.
  • Schedule III drugs (such as codeine and some steroids) have a potential for abuse less than Schedule I or II drugs, have an accepted medical use, and can lead to low or moderate physical dependence and high psychological dependence.
  • Schedule IV drugs (such as diazepam) have a lower potential for abuse than Schedule III drugs, have an acceptable medical use, and may lead to limited psychological and physical dependence in relation to Schedule III drugs.
  • Schedule V drugs are the least dangerous, with the lowest potential for abuse, a currently accepted medical use, and likely to lead to only limited physical or psychological dependence. Schedule V drugs include medicines that have very small amounts of specified narcotic drugs.
  • Schedule VI CDS includes volatile nitrites (commonly known as “poppers.”)

To understand the charges and penalties you might face, look at the charging document in your case (usually called either a complaint or “information” or, if from a grand jury, an indictment). Identify the name of the drugs specified in the document, consult the schedules explained above, and place them in the proper schedule. Then read below to learn about possible charges and sentences. The statutes that explain what drug fits into each schedule are (Idaho Statutes Sections 37-2704 to 37-2713A.)

How Idaho Classifies CDS Sales Crimes

The delivery of, or possession with the intent to deliver CDS is punished as either a felony or a misdemeanor. The penalty for each crime is explained in the statute that describes the offense.

(Idaho Code Section 18-110.)

Felony Sale of CDS and Counterfeit CDS

Felony sale of CDS and counterfeit CDS is punished with lengthy periods of incarceration and heavy financial penalties. Crimes that involve Schedule I, II, III, and IV CDS are felonies.

Schedule I narcotics and Schedule II CDS

Non-counterfeit CDS. The delivery of, or possession with the intent to deliver, Schedule I narcotics or Schedule II CDS is a felony punishable by a period of incarceration of up to life, a fine of up to $25,000, or both.

Counterfeit CDS. The delivery of, or possession with the intent to deliver, counterfeit Schedule I narcotics or Schedule II CDS is a felony punishable by a period of incarceration of up to 15 years, a fine of up to $25,000, or both.

Schedule I (other than narcotics) and Schedule III CDS

The delivery of, or possession with the intent to deliver, Schedule I CDS (other than narcotics) or Schedule III CDS, including counterfeit substances, is a felony punishable by a period of incarceration of up to five years, a fine of up to $15,000, or both.

Schedule IV CDS

The delivery of, or possession with the intent to deliver Schedule IV CDS, including counterfeit substances, is a felony punishable by a period of incarceration of up to three years, a fine of up to $10,000, or both.

(Idaho Code Section 37-2732.)

Misdemeanor Sale of CDS

Schedule V or VI CDS, including counterfeit substances. The delivery of, or possession with the intent to deliver, Schedule V or VI CDS, including counterfeit substances, is a misdemeanor punishable by a period of incarceration of up to one year, a fine of up to $5,000, or both.

(Idaho Code Section 37-2732.)

Peyote

The use of peyote is permissible in a Native American religious rites by people who are members of a federally recognized Native American tribe. 

(Idaho Code Section 37-2732A.)

Paraphernalia

The use of, possession with the intent to use, or the delivery, sale of, or manufacture of drug related paraphernalia is a crime.

Use or possession with the intent to use

The use of, or possession with the intent to use, paraphernalia for any of the following purposes is a misdemeanor punishable by a period of incarceration of up to one year, a fine of $1,000, or both:

  • to grow, plant, cultivate or harvest CDS
  • to compounds, convert, prepare, or process CDS
  • to pack, repack, store or contain CDS
  • to test or analyze CDS
  • to contain, hide, or conceal CDS, or
  • to ingest, inhale, inject, or administer CDS.

(Idaho Code Section 37-2734A.)

Sale of paraphernalia

The delivery of, possession with the intent to deliver, or manufacture with the intent to deliver paraphernalia that the individual knows will be used to commit a CDS crime, is a felony punishable by a period of incarceration of up to nine years, a fine of up to $30,000, or both.

(Idaho Code Section 37-2734B.)

Felonies Committed in a Correctional Facility

If a felony is committed on the grounds of a correctional facility, the sentence for that felony will begin after all other sentences have been completed.

(Idaho Code Section 19-2520F.)

Habitual Offender

If a defendant is convicted of any felony for a third time, either in Idaho or outside the state of Idaho, the sentence on the third conviction is a  period of incarceration of five years to life. 

(Idaho Code Section 19-2514.)

Talk To An Attorney

A conviction for the sale of CDS is punished harshly, and if you have prior felony convictions you face an increased penalty. To understand the charges that have been filed against you, you should talk to an attorney who specializes in criminaldefense. An attorney will review the facts of your case, explain your options, and discuss the potential outcomes of your case.

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