Different states have different sets of laws that govern drug possession. This is particularly so with marijuana possession – some states have laws that are more severe than others in this case.
In the state of Idaho, the penalties for marijuana possession depend a good deal on its amount. The penalties are relatively less severe when you are found to be carrying marijuana for personal use. They are more severe if you carry a larger amount with the intent to sell, deliver, or distribute.
Idaho laws also separately stipulate the penalties for the cultivation of marijuana and the use or sale of paraphernalia. Here is a look at the various penalties you can incur for marijuana possession.
Marijuana Possession for Personal Use
If you are found to be carrying marijuana for personal use, the penalties depend on the amount you were carrying at the time of the arrest. If you had 3 ounces or less marijuana on you, the penalties are up to 1 year behind bars, or up to a $1,000 fine, or both. If the amount is more than 3 ounces, you are convicted of felony possession. In this case, the prison sentence can be up to 5 years and the maximum fine is $5,000.
Marijuana Possession with Intent to Distribute
If you carry marijuana with the intent to distribute and are apprehended in Idaho, the penalties are a lot more serious. When you are convicted of possession with intent to distribute, you are convicted of a felony regardless of the amount you were carrying at the time. For carrying 1 to 5 pounds, or 25 to 50 plants, the penalty is a mandatory minimum sentence of 1 year and a fine of up to $50,000.
For carrying 5 to 25 pounds of marijuana or 50 to 100 plants, you face a mandatory minimum sentence of 3 years and a fine of up to $50,000. For 25 pounds or more, or 100 plants or more, the minimum prison sentence is 5 years.
Additional penalties apply if you are found to be trafficking marijuana in the amounts listed above in the presence of a person aged below 18. In such a case, you may be charged with a second count of a felony with a prison sentence of up to 5 years and a fine of up to $5,000.
Marijuana Possession with Intent to Sell or Deliver
As with the intent to distribute, marijuana possession with intent to sell or deliver is a felony. You face a mandatory minimum sentence of 1 year for carrying 1 to 5 pounds or 25 to 50 plants. The fines can be up to $50,000 at maximum. The mandatory minimum prison sentence goes up to 5 years if you are found possessing 25 pounds or more, or above 100 plants. The presence of an under-18 person adds a second felony count to the charge.
Marijuana Possession as Cultivation
Cultivation of marijuana, if done in amounts stipulated by the law, is also deemed possession. In this case, the felony count is brought if you are found to be cultivating 25 to 50 plants or marijuana in the weight of 1 to 5 pounds. The mandatory time behind bars for the offense is 1 year with a fine of up to $50,000. The maximum penalty is a prison sentence of up to 5 years for cultivating 100 plants or more, or marijuana worth 25 pounds or more in weight.
Penalties for Paraphernalia Possession
The state of Idaho also penalizes a person for the possession of paraphernalia related to marijuana. The term ‘paraphernalia’ is fairly broad in scope meaning any related objects that may be used in growing, planting, manufacturing, testing or using marijuana. If you are found using or possessing marijuana paraphernalia, the charge is a misdemeanor, and the penalties include a prison sentence of up to 1 year and a fine of up to $1,000. For the manufacture or sale of paraphernalia, a felony charge is brought with a prison sentence of up to 9 years with fines of up to $30,000.
Hiring a Reliable Drug Crimes Attorney in Boise, Idaho
If you have been arrested for the possession of marijuana in Boise, Idaho, it is possible to put up an effective defense. With a good lawyer on your side, you know what your options are and can be advised on how to proceed for minimum penalties. Here at Aaron Hooper, Attorney at Law, we specialize in drug crime cases. Call us today to discuss your case with us and see how we can help you defend yourself.