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Is it Drug Trafficking To Bring Weed Home?

Written by: Jacques Law Office

How Bringing Weed Into Idaho Can Lead to Serious Penalties

While many U.S. states have legalized the use of marijuana, Idaho remains strictly weed-free. With so many weed-friendly states surrounding the state, many residents are left wondering what happens if they legally buy marijuana in a neighboring state and bring it into Idaho. Here is what you need to know about Idaho’s marijuana laws and the possible consequences of crossing state lines while possessing the drug.

Were you arrested for marijuana-related charges in Idaho? Jacques Law can help. Our Idaho criminal defense lawyer will fight aggressively to protect your rights and preserve your freedom. When you need a strong legal defense, turn to a skilled and compassionate criminal defense attorney. Call (208) 344-2224 today to arrange a FREE initial consultation.

The Legalization of Marijuana in the U.S.

In 1937, the Marijuana Tax Act made the possession or transfer of marijuana illegal throughout the United States, only making the substance legal for some use in the medical and industrial industries. The late 20th century marked a nationwide movement to legalize cannabis, and in 1996, California became the first state to legalize marijuana, albeit solely for medical purposes. 

By 2019, more than 30 states allowed some form of marijuana use though its use still remained unlawful under Federal law. In 2014, Colorado became the first state to allow recreational use of cannabis, with 23 additional states since following suit. 

Idaho’s Marijuana Laws

Although states continue to legalize marijuana - some for medical use and some for recreation - the state of Idaho continues to take a strong stance on the use of cannabis. Idaho prohibits the use of weed, regardless of its intended use. It is illegal to possess, grow, sell, or distribute weed within the state and if you are caught doing so, you face exceptionally harsh penalties. In fact, Idaho is known for imposing some of the strictest penalties for marijuana-related convictions in the United States.

What Happens If You Bring Pot Into Idaho?

Although you can purchase marijuana legally in many neighboring states, it does not change the fact that possessing pot in Idaho is illegal. If you purchase cannabis in Oregon or Washington, then proceed to enter Idaho while still in possession of the drug, you are breaking the law. Again, it doesn’t matter if you purchased it legally. As soon as you enter Idaho, you are in possession of contraband.

What Charges Could You Face?

Even if you are caught possessing a small amount of weed, you could be looking at serious drug charges. Not only can you be charged with possession of marijuana, but you may also face drug trafficking charges. A marijuana possession offense can be charged as either a misdemeanor or a felony. How it is charged generally depends on the amount of marijuana involved. 

Possessing less than three ounces of weed typically results in a misdemeanor charge, whereas possessing more than three ounces will likely result in a felony possession charge. 

Drug trafficking, on the other hand, is considered the most serious drug-related offense under Idaho law. All drug trafficking offenses are charged as felonies, regardless of the amount of cannabis involved.

Idaho’s Penalties for a Possession of Marijuana Conviction

Misdemeanor possession convictions are punishable by up to one year in jail and fines of up to $1,000. If you are convicted of felony marijuana possession, you face much harsher penalties, including up to five years in prison and fines of up to $15,000. The maximum sentence allowed for a possession conviction in Idaho is 15 years in prison and fines of up to $50,000.

Idaho’s Penalties for a Drug Trafficking Conviction

Idaho has a mandatory minimum sentence for drug trafficking convictions. Under Idaho Code 37-2732B, individuals convicted of drug trafficking face the following mandatory sentences:

  • 1-4 pounds/25-49 pounds of plants - A minimum of 1 year in jail and a $5,000 fine
  • 5-24 pounds/50-99 pounds of plants - A minimum of 3 years in jail and a $10,000 fine
  • 25+ pounds/100+ pounds of plants - A minimum of 5 years in jail and a $15,000 fine

Speak to an Experienced Criminal Defense Lawyer in Idaho for FREE

If you are facing drug charges, such as drug trafficking or possession, you need a legal team who will fight for you. At Jacques Law, we believe everyone deserves another chance. That is why we are passionately committed to defending the rights of our clients. 

Michael Jacques, a former prosecuting attorney, knows how drug cases are investigated and prosecuted, giving him valuable insight into how to effectively fight these charges. So when your future is at stake, let our Idaho criminal defense attorney help. Contact us online or call (208) 344-2224 to schedule a FREE, confidential case review.

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