Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
While films, books, and television may glorify the inner workings of the drug trade or drug use by artists and musicians, heroin addiction can be physically, emotionally, and financially damaging. And although social attitudes, along with some state statutes, might be more relaxed when it comes to recreational drug use, heroin possession and sale remains illegal in the Gem State and nationwide. Here are the basics of heroin laws in Idaho.
Heroin is a Schedule I narcotic, and law enforcement authorities can prosecute heroin possession, sale, and trafficking under state and federal drug regulations. However, the details of state heroin laws can vary in terms of the potential penalties. A conviction for possessing heroin in Idaho might mean 14 years in prison, depending on the amount and whether you have prior drug convictions. And heroin trafficking could result in life imprisonment.
The chart below highlights Idaho's heroin statutes.
Code Section |
Idaho Statutes 37-2701, et seq.: Uniform Controlled Substances |
Possession |
Felony, up to 7 yrs. and/or $15,000; Subsequent offense: double penalties; Possession of 2 g. or more is trafficking |
Sale |
Felony, up to life and $25,000; Subsequent offense: double penalties |
Trafficking |
2-7 g.: mandatory 3 yrs. and minimum $10,000; 7-28 g.: mandatory 10 yrs. and minimum $15,000; 28 g. and over: mandatory 15 yrs. and minimum $25,000; Maximum sentence is $100,000 and life; Second trafficking conviction: double penalties |
Along with Idaho’s strict heroin statutes, federal drug laws prohibit everything from simple heroin possession all the way up the chain to manufacturing and cultivation and trafficking and distribution. And if you are found guilty of possession or sale of heroin across state lines, federal drug crime penalties can be especially harsh. Some state jurisdictions have begun assigning first- and second-time drug charges to specialized “drug courts” that may allow defendants avoid a lengthy jail sentence by committing to a drug treatment program instead. The Judicial Branch’s Problem Solving Courts are in charge of Idaho Drug Courts.
Drug charges and drug addiction are serious matters. If you think you or someone you know may have a drug or substance abuse problem, Idaho's Department of Health and Welfare has resources that can help. If you would like legal assistance with a drug crime matter, you can consult with an experienced Idaho drug crime attorney in your area. And FindLaw's section on Drug Charges can provide you with further articles and information on this topic.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Idaho attorneys offer free consultations for Drug Crime.