Idaho Misdemeanor Possession of a Controlled Substance
Idaho takes a strict stance on drug crimes. A conviction can have serious, even life-changing, short and long term consequences affecting your freedom, future, employment, personal relationships, and reputation.
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Misdemeanor Possession of a Controlled Substance
"It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by law.
In plain terms, this means that unless you have a valid prescription from a licensed medical provider, or fall under another specific exception, possessing any controlled substance is illegal. The law is strict and covers a variety of substances—ranging from well-known narcotics to less obvious medications and chemicals classified under Schedules I through VI.
Felony vs. Misdemeanor: What's the Difference?
Not all controlled substance charges are created equal. The seriousness of the crime depends on the type and amount of the substance involved:
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Felony Charges:
If you're found with a narcotic drug in Schedule I or a substance from Schedule II, or with certain counterfeit substances, you could face felony charges. Convictions for these can mean years in prison (sometimes up to life), hefty fines (up to $25,000), or both. -
Other Felonies:
Possession or intent to deliver non-narcotic Schedule I drugs, or Schedule III or IV substances, can still be charged as felonies, with penalties ranging from up to 3–5 years in prison and fines up to $15,000. -
Misdemeanor Charges:
Possessing non-narcotic drugs in Schedule I (excluding LSD), or substances in Schedules III, IV, V, and VI, is typically a misdemeanor. Misdemeanor convictions can still mean jail time—up to one year—and fines up to $1,000 or more, depending on the substance. -
Special Cases:
- Being present at a location where illegal drugs are being manufactured or distributed can also land you a misdemeanor charge, with penalties including up to 90 days in jail and up to $300 in fines.
- Possession of more than three ounces of marijuana is a felony, carrying the risk of up to five years in prison and a $10,000 fine.
- Offenses involving simulated or counterfeit controlled substances carry their own sets of penalties, ranging from misdemeanors with up to a year in jail and fines up to $1,000.
Intent Matters
The law also distinguishes between simple possession and possession with intent to manufacture or deliver. If there's evidence you intended to distribute, penalties escalate quickly, even for substances otherwise charged as misdemeanors.
In short, Idaho's controlled substance laws are broad and unforgiving. Even seemingly minor infractions can have life-altering consequences, so it's critical to understand both the letter and the spirit of the law."
What is Misdemeanor Possession of a Controlled Substance?
Any person who has in his possession a controlled substance that is a non narcotic drug classified in Schedule I (except lysergic acid diethylamide), or a controlled substance classified in Schedules III, IV, V and VI is guilty of a misdemeanor. In Idaho, most of the time this is possession of marijuana. See: Idaho Code § 37-2732
Idaho Possession of Marijuana | Misdemeanor PCS
What is Possession?
Keep in mind, it is illegal to possess a controlled substance - ownership is of the substance does not matter. We get calls almost daily from people who believe they have a defense because the substance in question "was not mine." Unfortunately, this is not a defense - if the state can prove that you were in possession, even if the substance is not yours, you will be found guilty of the crime.
There are two ways that the state can establish possession: Physical Possession and Constructive Possession.
Physical Possession
This is when someone physically has control of an item. For example, the item or substance could be in the person's hand or pocket.
Constructive Possession
A person has constructive possession of something if:
- The person knows of its presence, and
- Has the ability to control the item or substance
Many possession cases center around whether the defendant had constructive possession of the substance. For instance, if the substance is found in a car or a room that the defendant was in - they clearly have the ability to control the substance but did they have knowledge that it was there?
Multiple People In Possession
Because the state can prove possession through "Constructive Possession", this means that multiple people can be convicted of possession for the same controlled substance. For example if four people are in a car and there is a baggie of cocaine in the vehicle, if the state can prove that all four people knew the cocaine was in the vehicle then they could all be convicted of possessing that cocaine.
Idaho Marijuana Laws | Idaho Possession Marijuana | First-Offense Misdemeanor
Punishment for Misdemeanor Possession of a Controlled Substance
Upon conviction, a defendant may be imprisoned for up to one year, fined up to $1,000, or both. Beyond jail and fines, it is likely that there would be other punishments including:
- Probation: Supervised or Unsupervised probation for up to 2 years.
- Restitution (for lab testing).
- Drug and alcohol classes.
- Community Service, SILD, or Work Release.
Any conviction for Misdemeanor Possession in Idaho, where the court orders probation as part of the sentence, also carries a required 100 hours of community service on top of whatever penalty the judge decides is appropriate.
However, this may simply be the beginning...
Beyond a punishment issued by the court, a conviction can be particularly harmful in terms of gaining future employment, state licensing, educational loans, and other benefits.The conviction will show up on background checks and employers tend to be wary of applicants with drug records. But there is hope. An experienced Idaho criminal defense attorney can often help you defeat the charge and keep the matter off your record.
Punishment for First-Time Possession Charge in Idaho
We regularly get asked, "What will the punishment be for my first-time possession charge?" The truth is, it depends. There are many different factors that need to be considered when determining a likely outcome. While most judges and prosecutors are willing to show some leniency on a first offense, this is not always the case. It is important that you contact a skilled Idaho Criminal Lawyer to discuss your case.
Let Schofield and Young fight your Idaho Misdemeanor Possession case
Do not let a drug conviction follow you around for the rest of your life. Let us fight for your rights, your freedom, and your future.
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