Every state has the right to create their own laws based on the needs
of the people. Sometimes these laws are built upon the foundation of
preexisting federal laws. At other times, specific state laws can run
afoul of federal statutes. The recent Arizona immigration law and the
California medical marijuana laws are perfect examples. For the most
part, state legislatures listen to their citizens and create the laws
intended to protect the general public.
Although Idaho has no medical marijuana exemption laws, they do have
some distinct variations on possession charges. They also have
instituted a tax stamp provision. This means that for every gram of pot
you possess you need to have a $3.50 tax stamp. For a plant the cost is
around $775. Most often, offenders don't have these tax stamps when
they are caught with pot and are also charged as tax evaders.
Idaho Marijuana Possession Penalties
The first level of possession penalties under the Idaho marijuana laws
has more to do with use then ownership. If you are caught under the
influence or are smoking pot in public you'll be charged with a
misdemeanor can could face up to six months in jail and pay $1,000 fine.
If you are arrested with three ounces or less of pot in your possession
then you will be facing one year in jail and $1,000 fine. For an arrest
with more than three ounces you'll be charged with a felony and could
serve up to five years in jail and pay up to $10,000 in fines.
Idaho Marijuana Growing or Selling
Any arrest in this category of marijuana offense comes with an
automatic felony charge. For selling one pound or less or growing less
than 25 plants, you could spend up to five years in jail and pay
$15,000 in fines.
Selling in the range of one to five pounds or growing 25 to 49 plants
comes with a penalty of mandatory minimum of one year in jail and a
possible $50,000 fine. The next level is with sales of five to
twenty-five pounds or growing 50 to 99 plants. A conviction for that
charge means a mandatory three years in jail and paying upwards of
$50,000 in fines.
Being convicted with any amount over 25 pounds or 100 plants, you'll be
spending at least five years in jail and paying the same $50,000 fine.
If you are convicted of selling to a minor three years younger than
you, then your penalty will be doubled. Sell to a person with a minor
in the vicinity and you'll get an extra five years in jail on top of
whatever other sentence is handed down.
Miscellaneous Idaho Marijuana Penalties
Suppose you're at a party and some other folks there start smoking pot
and you see this happening. If you stick around and the place is
raided, you could be arrested and charged with a misdemeanor. The
offense? "Knowingly present in the area of drug use." If convicted you
could spend up to 90 days in jail.
If you are arrested in possession of marijuana paraphernalia you will
be charged with a misdemeanor can could go to jail for one year. Get
caught selling paraphernalia and you'll be charged with a felony. A
conviction comes with a possible jail sentence of nine years.