Idaho has some of the strictest drug laws in the country. In fact, the state legislature has come under a lot of scrutiny lately because of how strict these laws are. Idaho is one of the few states that have mandatory minimum prison sentences for drug trafficking offenses. There have been challenges to these laws, claiming that they are unfair and do not allow for rehabilitation.
While the laws in Boise, Idaho may change in the future, for now, the mandatory minimum sentences are still in place. Bills have passed in the House but have found a lot of pushback from the Senate. If you are caught with a certain amount of drugs in Idaho, you will be facing stiff prison sentences. The judge doesn’t even have the discretion to waive these mandatory minimum sentences. And, the State doesn’t even need to prove that you planned on selling the drugs. All they need to show is that you were caught with a certain amount of drugs in your possession.
Here, we’ll talk in detail about what the penalties are for drug trafficking in Boise, Idaho. As you will find, even if you’re only caught with a minimal amount of some of these drugs, you will be facing several years in prison as well as hefty fines. If you’ve been charged with drug trafficking, it’s a good idea to contact a criminal defense lawyer in Boise. Otherwise, you could be facing as much as life in prison.
What Drugs Qualify for Trafficking Offenses?
In Idaho, any illicit or illegal drug can be considered for drug trafficking offenses. Drugs are broken down by what Schedule they fall into. Here is a simple list of which drugs are considered Schedule I and II drugs in Idaho:
- Marijuana – Schedule I, Non-Narcotic
- Heroin – Schedule I, Narcotic
- Methamphetamine – Schedule II drug
- Cocaine – Schedule II drug
If you are caught with any of these drugs, or prescription medications, you can be charged with a drug offense. If the amount is small, you can be charged with possession. However, if you have even a few grams of any of these substances, you can be charged with trafficking. And, keep in mind, in Idaho, the prosecutor does not need to show that you intended to actually sell the drugs. It is enough to have a certain amount of the drug (by weight) in your possession.
What are the Penalties for Drug Trafficking Based on the Specific Drug?
The best way to explain how the drug trafficking penalties work is to do it separately for each drug. For example, if you are caught with just one pound of marijuana, you’ll be facing at least 1 year in jail. Here is the breakdown based on the different drugs in Idaho:
- Marijuana: If you are caught with a certain amount of marijuana on you, the State will presume you are trafficking. Here are the penalties:
- 1-5 pounds (or, 25-50 plants): 1 year in prison and $5,000 fine
- 5-25 pounds (or, 50-100 plants): 3 years and $10,000 fine
- >25 pounds (or, >100 plants): 5 years and $15,000 fine
- Cocaine: Trafficking for cocaine is based on the number of grams you have in your possession.
- 28-200 grams: 3 years and $10,000 fine
- 200-400 grams: 5 years and $15,000 fine
- >400 grams: 10 years and $25,000 fine
- Methamphetamine: Trafficking of methamphetamine or amphetamine carries the following penalties:
- 29-200 grams: 3 years and $10,000 fine
- 200-400 grams: 5 years and $15,000 fine
- >400 grams: 10 years and $25,000
- Heroin: One of the most trafficked drugs in Idaho is heroin. The penalties are as follows:
- 2-7 grams: 3 years and $10,000 fine
- 7-28 grams: 10 years and $15,000 fine
- >28 grams: 15 years and $25,000
It is important to remember – these are mandatory minimum prison sentences. The judge is not allowed to reduce these penalties. Unless your charges are reduced or dismissed, you should fully expect to face these penalties. This is why It’s important to have an experienced Boise criminal defense lawyer. They can work to negotiate a plea deal that is in your best interest.
Contact an Experienced Criminal Defense Lawyer in Boise Right Away
If you have been charged with drug trafficking, you need a criminal defense lawyer in Idaho. You cannot afford to handle this on your own. Contact us and schedule your initial consultation right away. Let a skilled attorney work on your behalf to get your charges reduced or dismissed if possible.