With so many states legalizing marijuana and other drugs and drug use, people might think that using or having illicit drugs is no big deal. However, in Idaho (and under federal law), marijuana possession is still a crime, as is possession of any number of illicit drugs—including prescription drugs, if you don't have a valid prescription for them.
For residents of North Idaho, it is imperative to be aware of how marijuana is treated, given that the Washington border is so close. In Washington, marijuana is legal under state law, and there are numerous shops within easy driving distance in which it can be purchased. Idaho citizens need to be vigilant and aware of how easily they can find themselves facing Idaho criminal charges if marijuana purchased "legally" in Washington is found in their possession.
Anyone found in possession of any illicit drugs by Idaho law enforcement officers may find themselves in legal jeopardy. If you've been arrested for or are under investigation for drug possession in Idaho, you need to understand the seriousness of the charge and how Idaho law treats these offenses. Even a small amount of an illegal substance can lead to incarceration, a criminal record, and long-term consequences for your employment, education, and personal life.
Sullivan Law Office, PLLC, in Coeur d'Alene, Idaho, represents individuals in criminal defense matters, including drug possession charges. If you are involved in a drug possession case or want to educate yourself about what might happen if you were, here's what you need to know about Idaho's drug possession laws: the types of drug crimes that can be charged, the penalties involved, and how to protect your rights.
Drug Possession Classifications in Idaho
Whether drug possession is deemed a misdemeanor or felony depends on the type and amount of drugs involved. Idaho law divides drugs into five categories, called "schedules", based on their medical use and potential for abuse. With minor variations, Idaho's classification system mirrors the federal drug classification system:
- Schedule I: Any drugs with a high potential for abuse, with no accepted medical use (e.g., heroin, LSD, ecstasy)
- Schedule II: Any drug with a high potential for abuse, but that has limited medical uses (e.g., cocaine, methamphetamine, oxycodone)
- Schedule III–V: These drugs have a lower potential for abuse and have medical uses (e.g., certain steroids, codeine, Xanax)
The severity of the charge brought against you will depend on which schedule the drug falls under, how much of the drug you have in your possession, and whether you've been convicted of similar offenses before.
Common Drug Possession Charges in Idaho
To get an idea of how an Idaho prosecutor may proceed in a particular possession case, here are potential charges and penalties you could be facing under various scenarios:
1. Possession of Marijuana (Under 3 Ounces) or a Schedule II (or lower) Non-Narcotic drug
- Charge: Misdemeanor
- Penalty: Up to 1 year in jail and a $1,000 fine
2. Possession of Marijuana (Over 3 Ounces)
- Charge: Felony
- Penalty: Up to 5 years in prison and a $10,000 fine
3. Possession of Controlled Substances (Schedule I or II Narcotic)
- Charge: Felony
- Penalty: Up to 7 years in prison and a $15,000 fine
Note that even first-time possession of a small amount of a Schedule I or II Narcotic drug is a felony under Idaho law. In addition to court-imposed penalties, a conviction will result in a permanent criminal record which will impact future housing and employment opportunities.
In juvenile cases, the penalties are usually less harsh. However, depending on the perpetrator's age and the circumstances, some juveniles may be tried as adults. Greater emphasis is placed on rehabilitation and education in juvenile proceedings. Penalties may also include community service and driver's license suspension. However, fines can still be very high, and penalties can include incarceration. Moreover, conviction can still have significant consequences on future opportunities.
What If It's a Prescription Drug?
Even if you are found in possession of a prescription drug, you can still be charged if the prescription drug:
- Was not prescribed to you
- Was obtained through other illicit means, such as fraud or theft
- You're using the drug in any way not authorized by the prescription
Typical examples of prescription drugs that may be the subject of a possession charge include Adderall, Xanax, or painkillers like oxycodone.
How Idaho Law Defines "Possession"
There are two types of possession:
- Actual possession: Actual possession is when a drug is found directly on you, such as in your hand, pocket, purse, or bag.
- Constructive possession: Constructive possession is when a drug is found somewhere within your control, such as your car, home, or locker, and there is evidence you knew it was there.
Understanding the concept of "constructive possession" is vital, especially for young people. Under the theory of constructive possession, you may be charged with a crime even if you have never used or bought drugs yourself. If you spend time with friends or family members who use drugs, and they are caught while you are present or while in your home, you could be swept up in the arrest simply because you have access to and control over the illicit drugs.
Prosecutors may pursue either theory depending on the facts of the case. Furthermore, if law enforcement finds large amounts of drugs, as well as any packaging materials, scales, or large sums of cash, you could face a possession with intent to distribute charge, which is a more serious felony punishable by longer prison sentences and fines. You don't need to be caught in the act of selling drugs to be charged with intent to distribute.
Additional Penalties and Consequences
In addition to fines, incarceration, community service, and other court-imposed penalties, a drug conviction can lead to:
- A permanent criminal record
- Loss of federal student aid
- Problems with employment, housing, or professional licensing
- Mandatory drug education or treatment
- Probation or parole conditions, including drug testing and counseling
Contact an Attorney Right Away
Drug charges in Idaho can escalate quickly. A misdemeanor can become a felony, and a simple possession charge can become a distribution case depending on how law enforcement interprets the evidence. If you're facing drug charges, don't talk to police without a lawyer's advice and presence. Your best chance of protecting your rights and your future is having an experienced criminal defense attorney by your side from the outset.
An experienced attorney will tailor a defense to the specific case and law that is applied, using whatever facts and theory of the case and defense best serves your interests. For example, you may be able to challenge a police search or drug seizure if it was in violation of your rights, or if the evidence was handled improperly by the police. In other words, not all valid defenses are based on your behavior, and advice and representation by a qualified defense attorney will give you your best chance to preserve your rights and mount a strong defense.
Contact the attorneys at Sullivan Law Office today if you've been arrested or charged with drug possession. We'll help you understand your rights, evaluate the strength of the case against you, and fight for the best outcome.
This blog provides general legal information and should not be considered as legal advice for any specific case or individual.