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Idaho State Criminal and Civil Penalties for Offense of a Controlled Substance Drug Definition Offense 1st Conviction

Schedule I Schedule The drugs in this schedule are Upon conviction of a felony or misdemeanor violation the court may order restitution for costs incurred those that have no accepted by law enforcement agencies in investigating the violation. 37-2732 (k) medical use in the United MANUFACTURE, A controlled substance classified in Guilty of a felony and upon conviction may States and have a high abuse DELIVER, POSSESS schedule I which is a narcotic drug or be imprisoned for a term of years not to

potential. Some examples are CONTROLLED a controlled substance classified in exceed life imprisonment, or fined not more , marijuana, LSD, peyote, SUBSTANCE: It is schedule II, except as provided for in than twenty-five thousand dollars mescaline, psilocybin, section 37-2732B(a)(3), Idaho Code. ($25,000), or both. 37-2732 (1a) unlawful for any person tetrahydrocannabinios, 37-2732 (1a) to manufacture or , levoramide, Guilty of a felony and upon conviction may deliver, or possess with racemoramide, , Any other controlled substance which be imprisoned for not more than five (5) intent to manufacture or is a nonnarcotic drug classified in years, fined not more than fifteen thousand dihyaromorpine, , deliver, a controlled schedule I. 37-2732 (1b) dollars ($15,000), or both. 37-2732 (1b) , methaqualone substance. 37-2732 and others. Guilty of a felony and upon conviction may Schedule II Schedule The drugs in this schedule have A counterfeit substance classified in be imprisoned for not more than fifteen schedule I which is a narcotic drug, or (15) years, fined not more than twenty-five a high abuse potential with CREATE, DELIVER, severe psychic or physical a counterfeit substance classified in thousand dollars ($25,000), or both. 37- POSSESS schedule II. 37-2732 (b)(1a) 2732 (b)(1a) dependence liability. Schedule II COUNTERFEIT controlled substances consist of

SUBSTANCE: It is Any other counterfeit substance Guilty of a felony and upon conviction may certain narcotic, stimulant and unlawful for any person classified in schedule I which is a be imprisoned for not more than five (5) depressant drugs. Some to create, deliver, or nonnarcotic drug contained in years, fined not more than fifteen thousand examples of Schedule II narcotic possess with intent to schedule I. 37-2732 (b)(1b) dollars ($15,000), or both. 37-2732 (b)(1b) controlled substances are , deliver, a counterfeit Any person who violates this and has Guilty of a felony and upon conviction may , , substance. 37-2732 (b) hydromorphine (Dialudid), in his possession a controlled be imprisoned for not more than seven (7) substance classified in schedule I years, or fined not more than fifteen (Dolophine), pantopon, meperidine which is a narcotic drug or a thousand dollars ($15,000), or both. 37- POSSESS UNLESS controlled substance classified in 2732 (c)(1) (Demerol), cocaine, PRESCRIPTION: It is schedule II. 37-2732 (c)(1) (Percodan), unlawful for any person Guilty of a felony and upon conviction may (Leritine) and to possess a controlled Any person who violates this and has be imprisoned for not more than three (3) (Numorphan). Some examples substance unless the in his possession lysergic acid years, or fined not more than five thousand diethylamide (LSD). 37-2732 (c)(2) dollars ($5,000), or both. 37-2732 (c)(2) of Schedule II non-narcotic are substance was obtained amphetamine (Benezdrine, directly from, or Any person who violates this and has Dexedrine), and pursuant to, a valid Methamphetamine (Desoxyn), in his possession a controlled Guilty of a misdemeanor and upon prescription or order of a substance which is a nonnarcotic drug conviction thereof may be imprisoned for phenmetrazine (preludin), practitioner while acting classified in schedule I, except not more than one (1) year, or fined not methylphenidate (Ritalin), in the course of his lysergic acid diethylamide (LSD). 37- more than one thousand dollars ($1,000), or amobarbital, pentobarbital, professional practice. 37- 2732 (c)(3) both. 37-2732 (c)(3) secobarbital, , 2732 (c) hydrochloride, and .

Schedule III Schedule These drugs have an abuse potential MANUFACTURE, DELIVER, POSSESS Guilty of a felony and upon conviction may be less than those in Schedules I and II, CONTROLLED SUBSTANCE: Any other imprisoned for not more than five (5) years, fined and include compounds containing controlled substance classified in schedule III. 37- not more than fifteen thousand dollars ($15,000), limited quantities of certain narcotic 2732 (1b) or both. C (1b) drugs and non-narcotic drugs such as derivatives of barbituric acid except those that are listed in another CREATE, DELIVER, POSSESS COUNTERFEIT Guilty of a felony and upon conviction may be schedule, glutethimide (Doriden), SUBSTANCE: Any other counterfeit substance imprisoned for not more than five (5) years, fined methyprylon (Noludar), classified in schedule III. 37-2732 (b)(1b) not more than fifteen thousand dollars ($15,000), chlorhexadol, sulfondiethymethane, or both. 37-2732 (b)(1b) sulfonmethane, , benzphetamine, sulfondiethymethan, POSSESS UNLESS PRESCRIPTION: Any person Guilty of a misdemeanor and upon conviction sulfonmethan, nalorphone, clor- who violates this and has in his possession a thereof may be imprisoned for not more than one termine, mazindol, paregoric, flunitrazepam, and Gama Hydroxy controlled substance which is a controlled (1) year, or fined not more than one thousand butyrate. substance classified in schedule III. 37-2732 (c)(3) dollars ($1,000), or both. 37-2732 (c)(3)

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2732 2732 ( - Guilty of a a of upon convictionand misdemeanor Guilty than be imprisoned one more may not thereof for than or thousand notfined one more (1) year, 37both.ordollars ($1,000), Guilty of a felony and upon conviction may beand a upon of felony convictionGuilty may impriso doll thanthousand nottenfined more 37 both. ($10,000), or beand a upon of felony convictionGuilty may (3) years, than imprisoned not three more for thanthou nottenfined more both. ($10,000), or a of upon convictionand misdemeanor Guilty than be imprisonedone more may not thereof for than or thousand notfined one more (1) year, both.ordollars ($1,000), a of upon convictionand misdemeanor Guilty than be (1 imprisoned not one more may for thousanddol than year, not five fined more 37both.($5,000),or a of upon convictionand misdemeanor Guilty than be (1) imprisonednot one more may for thousand dollars than year, not fined five more 37both.($5,000),or 37

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lassified lassified in VI. V and schedules POSSESS DELIVER,COUNTERFEIT CREATE, SUBSTANCE: nonco inor VI V and a schedules counterfeit substance. PRE POSSESS UNLESS his this violates possession who a has and in controlledis a controlled which substance in substanceschedule classified 2732 (c)(3) CREATE, DELIVER, POSSESS COUNTERFEIT POSSESS COUNTERFEIT DELIVER, CREATE, SUBSTANCE: in schedule PRESCRIPTION: POSSESS UNLESS his this violates possessionwho a and has in controlledis a controlled which substance substan POSSESS DELIVER, MANUFACTURE, CONTROLL c MANUFACTURE, DELIVER, POSSESS DELIVER, MANUFACTURE, SUBSTANCE: CONTROLLED inclassified IV. schedule zolpidem, zolpidem,

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certain narcotic drugs generally generally certain narcotic drugs antitussive andfor antidiarrheal purposes. an abuse potential less than than an less abuse potential thoseSchedule IV and in listed consist preparations of quantities of containing limited , and detropopoxyphene detropopoxyphene and butorphanol, (Darvon). drugs The fencamfamine, fenproporex, fenproporex, fencamfamine, pyrovalerone, mefenorex, , propoxyphene, mephorbarbital, mazindol, petrichloral, premoline, benzodiazepene, except those those except benzodiazepene, specifically are which substances schedules, in other listed cathine, , chloral betaine (Beta Chior). chloral chloral Chior). (Beta betaine chloral substance any triazolam, hydrate, a of quantity any contains which benzodiazepene The drugs in this schedule have an an have this schedule in drugs The listed those than less potential abuse such andinclude III in Schedule as methylphenobarbital, drugs For more information information For more If any person marijuana, inclu any If is foundpossess to an cannabis preparationin of which contains , t amount greater manufactured or cultivated, or are being held for beingdistribution, for held orormanufactured cultivated,are administration, oraway. be use,to given transportation, delivery, 2732 Schedule IV Schedule V & VI any of person present any on premises for at or bebe It to unlawful shall illegal being he controlled are knows substances where place