What are the Drug Laws in Idaho?

The unlawful possession, sale, distribution, manufacture, or cultivation of controlled substances are serious crimes whether they are misdemeanor or felony offenses in the state of Idaho. To understand the charges or penalties that you may be facing, it will be wise to enlist the help of a knowledgeable Idaho Falls criminal defense attorney. At the Cutler Law Office, P.A., we can inform you of your rights and determine which legal options may be available to you given your particular circumstances.

What is Considered Simple Possession?

“Simple possession” refers to the crime of possessing a controlled substance. It’s called “simple” to distinguish it from several other drug crimes related to the manufacturing and distribution of controlled substances. Possessing any amount of a controlled substance is sufficient evidence for a simple possession charge. These requirements, and the associated penalties, vary depending on the illegal substance in question. To classify the possession of drugs other than marijuana, Idaho uses the scheduling system. These schedules range from 1 to 6, with a schedule 1 possession charge being the most serious.

What are the Penalties for Drug Possession in Idaho?

In Idaho, offenders are required to go through a substance abuse evaluation for possession, cultivation, and sale violations. If this is the first violation, a charge of simple possession, or the offender is not in need of treatment this requirement may be waived. Penalties for drug possession will depend on the type of drug, the amount of the drug, and whether you have a prior drug conviction.

How Do I Choose an Idaho Falls Drug Crimes Lawyer?

Perhaps you have a friend, family member, or co-worker who has used a criminal defense attorney in the past. If so, you might ask for referrals. You can also look online, then call several attorneys to speak with them about your case. At Cutler Law Office, P.A. we understand that you have choices. We hope you will give us the opportunity to speak to you about your drug charges and discuss how we can help you. We believe you will be impressed with our firm—attorney John Cutler is experienced, knowledgeable, and highly skilled.

What if My Drug Crime is Federal?

Federal drug charges are both harder to defend against and carry much harsher sentences. If your drug crime charges are federal, you need a drug defense lawyer who can also defend federal charges. Attorney John E. Cutler can defend your drug charges whether they are state or federal. Cutler Law Office, P.A. will fiercely advocate for you in federal court; our experience in this area is essential to obtaining the most positive result possible.

Idaho Falls Drug Crimes Lawyer | Cutler Law Office, P.A.

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Have You Been Charged with a Drug Crime in Idaho Falls?

If you’ve been charged with a drug crime in Idaho Falls or surrounding areas, you are likely feeling anxious about your future, wondering what you need to do to improve the outcome of these charges.

You want an Idaho Falls drug crimes lawyer who has a wide range of experience with drug charges—in particular, both state and federal. You also want an attorney who will communicate with you and fight for you and your future. That attorney is John Cutler of Cutler Law Office, P.A. John fights for those in your situation or a similar situation every single day and will meticulously assess your situation, then carefully lay out your options.

Call our firm today at 208-525-4858 and to schedule an initial consultation today.

Why Choose Cutler Law Office, P.A. for Your Defense?

John E Cutler of Cutler Law Office, P.A. brings more than 30 years of legal experience to every case. As a former deputy prosecutor, John understands both sides of the courtroom and uses that knowledge to build strong defenses for his clients.

He is committed to meticulous case preparation, clear communication, and securing the best possible outcomes for those he represents. Whether you’re facing state or federal drug charges, John will fight for you and your future.

Idaho Drug Laws

Idaho takes drug crimes seriously, with offenses ranging from misdemeanors to felonies depending on the offense. Common drug crimes in Idaho include:

Possession of controlled substances
Sale or distribution of drugs
Manufacture or cultivation of drugs
Possession of drug paraphernalia

Each of these crimes carries specific penalties under Idaho law. Understanding your charges and potential penalties is critical, and an experienced attorney can help guide you through the complexities of Idaho drug laws.

What is Considered a Misdemeanor Drug Crime?

Examples of misdemeanor drug crimes in Idaho include:

Possession of less than 3 ounces of marijuana
Possession or use of drug paraphernalia

What is Considered a Felony Drug Crime?

Felony drug crimes carry harsher penalties and include:

Possession of narcotics like heroin, cocaine, or methamphetamine
Possession of more than 3 ounces of marijuana
Sale, distribution, or manufacture of controlled substances
Possession with intent to distribute

Federal Drug Charges

If your case involves federal charges, the stakes are even higher. Federal drug crimes often carry mandatory minimum sentences and harsher penalties than state charges. Attorney John Cutler has extensive experience defending clients in federal court and will advocate fiercely on your behalf to achieve the best possible outcome.

Idaho Drug Crime Penalties

Penalties for drug crimes in Idaho vary based on the type and quantity of the substance, as well as any prior convictions. Here are examples of potential penalties for common offenses:

Possession of Marijuana

Possessing up to three ounces of marijuana is a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine. Carrying more than three ounces elevates the charge to a felony punishable by up to 5 years in prison and/or a $10,000 fine.

Possession of Schedule I or II Narcotics

This offense is a felony punishable by up to 7 years in prison and a $15,000 fine. Peyote is permissible in Idaho for Native American religious rites by those who are members of a federally recognized Native American tribe.

Possession of Drug Paraphernalia

This offense is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.

Sale or Distribution

Selling or distributing drugs is a felony charges with significant prison time and fines, depending on the substance and circumstances. Idaho’s drug schedule system classifies substances into six categories, with Schedule I drugs like heroin and LSD carrying the harshest penalties.

Idaho Drug Schedules

Idaho’s drug schedule is as follows:

Schedule I

Schedule 1 drugs have no currently accepted medical use, along with a high potential for abuse. The drugs that are included under Schedule I drugs include peyote, methaqualone, ecstasy, marijuana, LSD, and heroin.

Despite being listed as a Schedule I drug, marijuana possession has been decriminalized in many states. In Idaho, however, possession of up to three ounces of marijuana is a misdemeanor, while possession of more than three ounces is a felony offense.

Schedule II

Schedule II drugs also have a high potential for abuse and dependence, and while these drugs may be used for medical purposes, they can also pose a danger to those taking the drugs. Schedule II drugs include Adderall, Ritalin, fentanyl, Dexedrine, OxyContin, Demerol, Dilaudid, methadone, methamphetamine, cocaine, and Vicodin.

Schedule III

Schedule III drugs have a low to moderate potential for dependence—both psychological and physical. While these drugs do have medical uses, they have a lower likelihood of abuse. Schedule III drugs include Tylenol with codeine, testosterone, anabolic steroids, and ketamine.

Schedule IV

Schedule IV drugs have a low potential for dependence and abuse but do have accepted medical uses. Schedule IV drugs include Tramadol, Ambien, Talwin, Ativan, Valium, Darvocet, Darvon, Soma, and Xanax.

Schedule V

Schedule V drugs have a low potential for abuse and dependence and are usually used for analgesic, antidiarrheal, and antitussive purposes. Examples of Schedule V drugs are Parepectolin, Lyrica, Motofen, Lomotil, and cough syrups with less than 200 mg. of codeine per 100 milliliters.

Defenses Against Drug Charges in Idaho Falls

It is normal that you are afraid of what may happen and totally stressed out if you face drug charges. It can be a huge benefit to speak to an Idaho Falls drug crimes lawyer as quickly as possible. Attorney John Cutler has a deep understanding of criminal law and will thoroughly investigate your case to identify possible defenses. Common defenses include:

Illegal Search and Seizure: Evidence obtained without proper warrants or probable cause may be inadmissible.
Lack of Possession: The drugs may not have belonged to you.
Entrapment: You were coerced into committing the crime by law enforcement.
Invalid Evidence: The substance in question may not be a controlled substance.
Constitutional Violations: If your rights were violated, evidence against you may be thrown out.

We will carefully analyze your case and tailor a defense strategy that gives you the best chance of a favorable outcome.

Why You Need an Idaho Falls Drug Crimes Lawyer

Navigating the legal process without an experienced attorney can lead to harsher penalties, including jail time, steep fines, and even property forfeiture. A skilled lawyer will:

Investigate the circumstances of your arrest to identify any violations of your rights
Negotiate with prosecutors for reduced charges or alternative sentencing
Represent you in court with a strong, well-prepared defense
Help you understand your options and make informed decisions about your case

The prosecutor has the burden of proof—that is, he or she must prove beyond a reasonable doubt that you were knowingly in possession of an illegal substance. A zealous criminal defense attorney in Idaho Falls can make this difficult for the prosecution by crafting a very strong defense on your behalf.

Contact an Idaho Falls Drug Crimes Lawyer Today

Time will not be on your side if you have been arrested for any of the crimes mentioned above. The sooner you contact an Idaho Falls drug crime lawyer at the Cutler Law Office, P.A., the faster we can begin collecting evidence in your favor. Call 208-525-4858 today.