Possession of a Controlled Substance in Idaho

Illegal possession of a controlled substance can result in misdemeanor or felony drug charges in Idaho. This article reviews Idaho's drug classifications and penalties for illegal possession for personal use. Harsher penalties apply to drug sales, manufacturing, and trafficking offenses.

How Idaho Classifies Controlled Substances

Idaho divides controlled substances into six schedules—Schedules I to VI. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule VI drugs are the least dangerous and the least addictive. Below are some examples of drugs placed into each schedule.

Schedule I includes drugs such as heroin, MDMA, LSD, mescaline, marihuana, gamma hydroxybutyric acid (GHB), psilocybin, and flunitrazepam (Rohypnol).

Schedule II includes drugs such as opium, codeine, morphine, oxycodone, cocaine, fentanyl, carfentanil, meth, and pentobarbital.

Schedule III includes drugs such as ketamine, buprenorphine, chlorhexadol, and anabolic steroids.

Schedule IV includes drugs such as zolpidem (Ambien), diazepam (Valium), and lorazepam (Ativan).

Schedule V drugs include cough suppressants and other therapeutic medicines containing low doses of codeine or other narcotics.

Schedule VI drugs include volatile nitrates, such as amyl nitrite, butyl nitrite, and isobutyl nitrite (commonly known as "poppers").

(Idaho Code §§ 37-2705, 37-2707, 37-2709, 37-2711, 37-2713, 37-2713A (2024).)

What Are the Penalties for Illegal Drug Possession in Idaho?

A person convicted of possessing illegal drugs in Idaho will face felony or misdemeanor penalties based on the type of drug and their criminal history. (Possession of large amounts falls under Idaho's drug trafficking laws.)

Felony Drug Possession in Idaho

The following drug possession crimes carry felony penalties.

Schedule I narcotic, schedule II. A defendant convicted of unlawful possession of a Schedule I narcotic or Schedule II drug commits a felony, punishable by up to seven years of prison time and a $15,000 fine.

LSD. Unlawful possession of LSD carries felony penalties of up to three years in prison and a $5,000 fine.

Marihuana; greater than 3 oz. Possession of more than three ounces of marihuana is also a felony, punishable by up to five years in prison and a $10,000 fine.

Misdemeanor Drug Possession in Idaho

All other drug possession crimes carry misdemeanor penalties of up to one year in jail and a $1,000 fine. These offenses include unlawful possession of:

• schedule I drugs (other than narcotics and LSD),
• 3 ounces or less of marijuana, and
• schedule III, IV, V, or V drugs.

Possession of drug paraphernalia with intent to use it to inject, ingest, inhale, package, prepare, or cultivate drugs is also a misdemeanor.

(Idaho Code §§ 37-2732, 37-2734A (2024).)

Repeat Drug Offenses: Penalties Double

A judge can double the maximum incarceration term and fine for any person convicted of a second or subsequent drug offense. Prior convictions can be from any state or a federal conviction.

(Idaho Code § 37-2739 (2024).)

Good Samaritan Laws in Idaho: Overdose Prevention

A person who seeks medical help for a drug overdose cannot be charged or prosecuted for certain drug possession crimes, including possession of paraphernalia or being under the influence. This law applies regardless of whether the person seeks help for oneself or another person experiencing an overdose.

(Idaho Code § 37-2739C (2024).)

When to Talk to a Lawyer

Anytime you face criminal charges, even misdemeanor charges, consult a criminal defense lawyer. A conviction can result in jail time and fines. If you face drug charges again, the possible punishment can double.