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| Marijuana Laws in Idaho | |||
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| POSSESSION | |||
| Under the influence or use in public | misdemeanor | 6 months | $1,000 |
| 3 oz or less | misdemeanor | 1 year | $1,000 |
| More than 3 oz | felony | 5 years | $10,000 |
| SALE OR CULTIVATION | |||
| Less than 1 lb (24 plants) | felony | 5 years | $15,000 |
| 1 to 5 lbs (25 - 49 plants) | felony | 1 year MMS* | $5,000 - $50,000 |
| 5 to 25 lbs (50 - 99 plants) | felony | 3 years MMS* | $10,000 - $50,000 |
| More than 25 lbs (100 or more plants) | felony | 5 years MMS* | $15,000 - $50,000 |
| Sale to minor 3 years younger than seller | felony | double penalty | double penalty |
| Sale where minors present | felony | 5 years | $5,000 |
| *Mandatory minimum sentence | |||
| MISCELLANEOUS | |||
| Present where knowledge of drug activity occurs | misdemeanor | 90 days | $300 |
| Paraphernalia possession | misdemeanor | 1 year | $1,000 |
| Paraphernalia sale or manufacture | felony | 9 years | $30,000 |
| DETAILS | |||
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It is a crime to be under the influence of marijuana in a public place or to use marijuana in a public place, punishable by up to six months in jail and a fine of up to $1,000. The penalty for possession of three ounces or less of marijuana is up to one year in jail and a fine of up to $1,000. Possession of greater than three ounces is a felony and punishable by up to 5 years in prison and a fine of up to $10,000. The penalty for cultivation, sale or distribution of less than one pound (or less than 25 plants) is a prison term of up to five years and a fine of up to $15,000. Cultivation, sale or distribution of amounts greater than one pound are all subject to mandatory minimum sentences. The maximum possible punishment for any cultivation, sale or delivery is 15 years in prison and a fine of up to $50,000. For amounts of one pound or more (or more than 24 plants) the punishment is a mandatory minimum sentence of one year in prison and a fine of not less than $5,000. Cultivation, sale or distribution of five pounds or more (or more than 49 plants) is punishable by a mandatory minimum prison term of three years and a fine of not less than $10,000. For amounts of 25 pounds or more (or more than 99 plants) the punishment is a mandatory minimum sentence of five years in prison and a fine of not less than $15,000. Any sale to a minor, at least three years younger than the seller, doubles the possible prison sentence. Any sale on premises where minors are present is punishable by up to five years in prison and a fine of up to $5,000 It is also a crime to be present in a place where the person knows that there is illegal drug activity taking place and is punishable by up to 90 days in jail and a fine of up to $300. Possession of paraphernalia is punishable by up to one year in jail and a fine of up to $1,000. Sale or manufacture of paraphernalia is punishable by up to nine years in prison and a fine of up to $30,000. Any second conviction for a drug offense can double the possible penalties. |
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Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties . |
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