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Idaho Drug Possession Law

Idaho Drug Possession Defense

What you're facing under 37-2732(c), how the penalties scale, and the questions your attorney needs to answer, specific to Idaho (ID) law.

Offense Class

Felony (Schedule I narcotics, Schedule II); Misdemeanor (non-narcotic Schedule I except LSD, Schedules III-VI)

Maximum Penalty

7 years (Schedule I narcotic/Schedule II); 3 years (LSD); 1 year (non-narcotic Schedule I, Schedules III-VI)

Maximum Fine

$15,000 (Schedule I narcotic/Schedule II); $5,000 (LSD); $1,000 (misdemeanor)

Penalty Range in Idaho

Statute37-2732(c) — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty7 years (Schedule I narcotic/Schedule II); 3 years (LSD); 1 year (non-narcotic Schedule I, Schedules III-VI)
Maximum Fine$15,000 (Schedule I narcotic/Schedule II); $5,000 (LSD); $1,000 (misdemeanor)

Charge Enhancements

These factors can elevate the charge or penalty in Idaho:

  • Possession with intent to deliver: felony with enhanced penalties — I.C. § 37-2732(a)
  • Proximity to school or park: enhanced penalties
  • Prior drug convictions

Idaho-Specific Detail

Idaho classifies controlled substances into Schedules I through VI under I.C. § 37-2705 through 37-2713. Possession of Schedule I narcotics (heroin, etc.) or Schedule II substances is always a felony. Non-narcotic Schedule I (except LSD), III, IV, V, and VI possession is a misdemeanor.

Is your Idaho drug case defense on track?

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Idaho defendants.

Important: This page provides legal INFORMATION about Idaho drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.