As seen in the map above, Idaho is surrounded by states that have much less stringent marijuana drug policies. Even up north, Canada passed legislation legalizing the recreational use of cannabis. Under Idaho drug policy however, the laws related to drug possession and trafficking differ greatly. Here, marijuana is still a Schedule I controlled substance. Find below what you need to know if you have brought back legally purchased weed into the state of Idaho. 

First, here’s the law. Anything under three ounces of marijuana is classified as a misdemeanor, where offenders can face up to one year in jail and a fine of up to $1,000. Even as the lowest category of marijuana possession, police can arrest offenders on the spot if they see you in possession of marijuana, or they can issue a misdemeanor citation that comes with a court date. Anything more than three ounces is a felony, subjecting the individual to up to five (5) years in prison and/or fined up to fifteen thousand (15,000) dollars.

As you might guess, these prison sentences and fines are severely increased if the police determine intent to distribute, which is often determined by circumstantial evidence: usually if there are more controlled substances present than could be used by a single person. Scarily, intent to distribute often carries mandatory minimum sentences, which can range from one to five years for having between one to 25 or more pounds of marijuana in your possession. 

Most likely, if you find yourself in the situation of marijuana possession in Idaho, you have driven your legally bought cannabis into the state of Idaho.  Unlike searching your house, police do not need a search warrant to justify searching a vehicle. All they need is probable cause. Probable cause includes seeing something illegal in the vehicle, smelling illegal drugs in the vehicle, using a dog to detect illegal drugs in the vehicle, or obtaining your permission to search the vehicle. Therefore, should an officer ask if he or she can search the vehicle, you have the right to refuse as long as the officer has no probable cause or a warrant signed by a Judge. If the officer attempts to search your vehicle without asking for your consent, you can make it clear that you do not consent to a search. 

Recently, as legalization has spread across surrounding regions, the amount of weed seized in Idaho has increased, both in possession and trafficking cases. For example, based on the most recent data, state troopers seized more marijuana in 2017 than the three previous years combined. “Even though marijuana is legal in surrounding states in Idaho…it’s still illegal and we will strictly enforce it,” stated ISP Trooper Jason Maxfield to a local news outlet.

If you find yourself in a situation where you have been brought Marijuana into the state of Idaho, or if you feel that your car has been unlawfully searched, a good next step would be to reach out to a criminal defense attorney who can assist you in defending these charges. If you have any questions, feel free to call Bolton Law for a criminal defense consultation.  In addition, if you are interested in more criminal defense rights in the state of Idaho, you can find our other relevant blog posts under “Know Your Rights”. If you have any questions, feel free to call Bolton Law for a criminal defense consultation.  

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