Marijuana Charges in Idaho Falls, Pocatello

The most common charges I see as a lawyer in Idaho Falls and Pocatello are Marijuana and Drug Paraphernalia charges arising from a traffic stop.  While these charges are the most common, Idaho will prosecute marijuana on many different levels.  Below is a summary of Marijuana laws in Idaho. Idaho is one of the few states that does not allow medical marijuana. It is also a crime to drive under the influence of marijuana in Idaho:

POSSESSION OF MARIJUANA

It is illegal to knowingly or intentionally possess marijuana in Idaho. (Id. Code Ann. § 37-2732(c).) Penalties vary according to the amount possessed.

• Up to three ounces. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Id. Code Ann. § 37-2732(c)(3).)
• More than three ounces. A violation is a felony, punishable with up to five years in prison, a fine of up to $10,000, or both. (Id. Code Ann. § 37-2732(e).)

Present on the premises. It is a misdemeanor to be present on any premises known to be used for marijuana cultivation, storage, distribution, or use. Penalties include up to 90 days in jail, a fine of up to $300, or both. (Id. Code Ann. § 37-2732(d).)

TRAFFICKING IN MARIJUANA

Cultivating marijuana plants, distributing (selling) marijuana, possessing marijuana with the intent to do these things, or bringing marijuana into Idaho from out of state, are all crimes known as “trafficking in marijuana”. Penalties vary according to the amount of marijuana possessed or brought into the state, or the number of plants grown.

• Between one and five pounds, or between 25 and 50 plants. A violation is a felony, punishable with a mandatory minimum of one year (and up to 15 years) in prison, and a fine of at least $5,000 (and up to $50,000). (Id. Code Ann. § 37-2732B(a)(1)(A).)
• Between five and 25 pounds, or between 50 and 100 plants. A violation is a felony, punishable with a mandatory minimum of three years (and up to 15 years) in prison, and a fine of  $10,000 to $50,000. (Id. Code Ann. § 37-2732B(a)(1)(B).)
• 25 or more pounds, or 100 or more plants. A violation is a felony, punishable with a mandatory minimum of five years (and up to 15 years) in prison, and a fine of  $15,000 to $50,000. (Id. Code Ann. § 37-2732B(a)(1)(C).)

Second convictions. A second conviction incurs double the mandatory minimum prison terms according to the amount possessed. However, for any conviction, the maximum prison term is 15 years, and the maximum fine is $50,000. (Id. Code Ann. § 37-2732B(a)(1)(D)&(a)(7).)

DRUG PARAPHERNALIA

It is illegal in Idaho to possess, use, sell, or advertise drug paraphernalia. Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the violation.

• Possession, use, or advertising. A violation is a misdemeanor, punishable with up to one year in jail, a fine of up to $1,000, or both. (Id. Code Ann. § 37-2734A.)
• Manufacture or distribution. A violation is a felony, punishable with up to nine years in prison, a fine of up to $30,000, or both. (Id. Code Ann. § 37-2734B.)

GETTING A LOCAL ATTORNEY

How your marijuana charge will be resolved depends on a number of factors.  As an attorney in Idaho Falls, I have had a lot of experience in Marijuana charges.  If you have any questions about your marijuana or drug charge, feel free to contact me for a consultation.
www.eastidahoattorney.com