Idaho State Criminal and Civil Penalties for Offense of a Controlled Substance Drug Definition Offense 1St Conviction
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Idaho State Criminal and Civil Penalties for Offense of a Controlled Substance st Drug Definition Offense 1 Conviction Schedule I 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 heroin, 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 ketobemidone, levoramide, Guilty of a felony and upon conviction may deliver, or possess with racemoramide, benzylmorphine, 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, nicocodeine, deliver, a controlled schedule I. 37-2732 (1b) dollars ($15,000), or both. 37-2732 (1b) nicomorphine, methaqualone substance. 37-2732 and others. Guilty of a felony and upon conviction may Schedule II 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 opium, deliver, a counterfeit Any person who violates this and has Guilty of a felony and upon conviction may morphine, codeine, 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 methadone (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, oxycodone PRESCRIPTION: It is schedule II. 37-2732 (c)(1) (Percodan), anileridine unlawful for any person Guilty of a felony and upon conviction may (Leritine) and oxymorphone 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, etorphine, 2732 (c) hydrochloride, diphenoxylate and phencyclidine. Schedule III 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, nalorphine, 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) Schedule IV The drugs in this schedule have an MANUFACTURE, DELIVER, POSSESS Guilty of a felony and upon conviction may be abuse potential less than those listed CONTROLLED SUBSTANCE: A substance imprisoned for not more than three (3) years, in Schedule III and include such classified in schedule IV. 37-2732 (1c) fined not more than ten thousand dollars drugs as methylphenobarbital, ($10,000), or both. 37-2732 (1c) chloral betaine (Beta Chior). chloral hydrate, triazolam, any substance which contains any quantity of a CREATE, DELIVER, POSSESS COUNTERFEIT Guilty of a felony and upon conviction may be benzodiazepene, or salt of SUBSTANCE: A counterfeit substance classified imprisoned for not more than three (3) years, benzodiazepene, except those in schedule IV. 37-2732 (b)(1c) fined not more than ten thousand dollars substances which are specifically ($10,000), or both. 37-2732 (b)(1c) listed in other schedules, buprenorphine, cathine, POSSESS UNLESS PRESCRIPTION: Any person Guilty of a misdemeanor and upon conviction fencamfamine, fenproporex, who violates this and has in his possession a thereof may be imprisoned for not more than one mefenorex, pyrovalerone, propoxyphene, pentazocine, controlled substance which is a controlled (1) year, or fined not more than one thousand mazindol, mephorbarbital, substance classified in schedule IV. 37-2732 (c)(3) dollars ($1,000), or both. 37-2732 (c)(3) premoline, petrichloral, zolpidem, butorphanol, and detropopoxyphene (Darvon). Schedule V The drugs in this schedule have MANUFACTURE, DELIVER, POSSESS Guilty of a misdemeanor and upon conviction an abuse potential less than CONTROLLED SUBSTANCE: A substance may be imprisoned for not more than one (1) those listed in Schedule IV and classified in schedules V and VI. 37-2732 (1d) year, fined not more than five thousand dollars consist of preparations ($5,000), or both. 37-2732 (1d) containing limited quantities of CREATE, DELIVER, POSSESS COUNTERFEIT & VI certain narcotic drugs generally SUBSTANCE: A counterfeit substance classified Guilty of a misdemeanor and upon conviction for antitussive and antidiarrheal in schedules V and VI or a noncontrolled may be imprisoned for not more than one (1) purposes. counterfeit substance. 37-2732 (b)(1d) year, fined not more than five thousand dollars ($5,000), or both. 37-2732 (b)(1d) POSSESS UNLESS PRESCRIPTION: Any person who violates this and has in his possession a Guilty of a misdemeanor and upon conviction controlled substance which is a controlled thereof may be imprisoned for not more than one substance classified in schedules V and VI. 37- (1) year, or fined not more than one thousand 2732 (c)(3) dollars ($1,000), or both. 37-2732 (c)(3) It shall be unlawful for any person to be present at or on premises of any A violation shall deem those persons guilty of a misdemeanor. place where he knows illegal controlled substances are being Punished by a fine of not more than three hundred dollars ($300) and manufactured or cultivated, or are being held for distribution, not more than ninety (90) days in the county jail, or both. 37-2732 (d) transportation, delivery, administration, use, or to be given away. 37- 2732 (d) If any person is found to possess marijuana, including the extract or any It shall be a felony and upon conviction may be imprisoned for not preparation of cannabis which contains tetrahydrocannabinol, in an more than five (5) years, or fined not more than ten thousand dollars amount greater than three (3) ounces net weight. 37-2732 (e) ($10,000), or both. 37-2732 (e) For more information https://www.legislature.idaho.gov/idstat/Title37/T37CH27SECT37-2732.htm .