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 Penalties
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.