Drug Crimes Defense Attorney in Boise, Idaho
Idaho law enforcement and prosecutors do not take drug crimes lightly. From 2009 to 2012, drug related cases increased by 465%. Between 2008 and 2014, drug related arrests increased 28% with a total of 10,174 total drug arrests in 2014 alone. Idaho saw another increase in 2018, with 22,507 reported drug offenses, an increase of 11.08% from the previous year, according to the Idaho State Police’s annual report.
Because Idaho drug laws are so strict, even someone’s first offense can be life-altering. It’s important to immediately contact an experienced attorney to take a look at your case so that you can get the best result.
Idaho separates illegal substances into different “schedules” that categorize drugs based on how addictive they are and whether or not they are legally approved for medical use. Schedule I and Schedule II drugs have the highest potential for addiction and are not approved for medical use. The rest of the schedules become less addictive and are all approved in some capacity for medical use. For example. Schedule V drugs are considered the least addictive and include medicines with trace amounts of narcotics. If you want a little more information on the schedules in Idaho, you can visit Idaho Code §37-2705 – §37-2713A.
The schedule of a drug impacts how a drug charge moves forward and can change the type of defense needed. If you’d like to learn more about the specifics of the charges you face, you can reach out to us and we can work through your case.
Penalties (Idaho Code §37-2732 – §37-2739C)
This category is for those who have drugs for personal use and were arrested without any evidence of intent to distribute or trafficking. The only misdemeanor offense is for possession of illegal substances in the amount of 3 ounces or less. This can come with up to a year in jail and/or up to $1,000 in fines.
Possession with Intent to Distribute/Deliver
If you are determined to have an intent to distribute, which can come from having only a pound of marijuana, you are subject to mandatory minimum sentencing and up to $50,000 in fines. You can be charged with intent to deliver based only on how much you are arrested with, even you actually have no desire to sell or distribute. Even simply owning a scale or stocking up for recreational use can be considered possession with intent to deliver or trafficking
Trafficking (Idaho Code §37-2732B)
Trafficking charges are also all felonies, and drug trafficking in Idaho cannot be expunged from your record. Just the weight of your personal supply can be the difference between a misdemeanor and a felony. Trafficking penalties are high, with up to life in prison and $100,000 fines depending on the type of drug. Not only do you face mandatory minimum sentencing, but you will be subject to a permanent criminal record.
A drug conviction can have a huge impact on your life. Drug charges leave a large mark on your permanent criminal record that can put a hold on your professional life for years. You must act quickly to fully protect your rights. Michael at Larsen Law Office is able to look at your case and, with all of his experience in the Idaho court system, build you the strongest defense possible.
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