US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 27
                        UNIFORM CONTROLLED SUBSTANCES
    37-2732.  PROHIBITED ACTS A -- PENALTIES. (a) Except as authorized by this
chapter, it is unlawful for any person to manufacture or deliver, or possess
with intent to manufacture or deliver, a controlled substance.
    (1)  Any person who violates this subsection with respect to:
         (A)  a controlled substance classified in schedule I which is a
         narcotic drug or a controlled substance classified in schedule II,
         except as provided for in section 37-2732B(a)(3), Idaho Code, is
         guilty of a felony and upon conviction may be imprisoned for a term
         of years not to exceed life imprisonment, or fined not more than
         twenty-five thousand dollars ($25,000), or both;
         (B)  any other controlled substance which is a nonnarcotic drug
         classified in schedule I, or a controlled substance classified in
         schedule III, is guilty of a felony and upon conviction may be
         imprisoned for not more than five (5) years, fined not more than
         fifteen thousand dollars ($15,000), or both;
         (C)  a substance classified in schedule IV, is guilty of a felony and
         upon conviction may be imprisoned for not more than three (3) years,
         fined not more than ten thousand dollars ($10,000), or both;
         (D)  a substance classified in schedules V and VI, is guilty of a
         misdemeanor and upon conviction may be imprisoned for not more than
         one (1) year, fined not more than five thousand dollars ($5,000), or
         both.
    (b)  Except as authorized by this chapter, it is unlawful for any person
to create, deliver, or possess with intent to deliver, a counterfeit
substance.
    (1)  Any person who violates this subsection with respect to:
         (A)  a counterfeit substance classified in schedule I which is a
         narcotic drug, or a counterfeit substance classified in schedule II,
         is guilty of a felony and upon conviction may be imprisoned for not
         more than fifteen (15) years, fined not more than twenty-five
         thousand dollars ($25,000), or both;
         (B)  any other counterfeit substance classified in schedule I which
         is a nonnarcotic drug contained in schedule I or a counterfeit
         substance contained in schedule III, is guilty of a felony and upon
         conviction may be imprisoned for not more than five (5) years, fined
         not more than fifteen thousand dollars ($15,000), or both;
         (C)  a counterfeit substance classified in schedule IV, is guilty of
         a felony and upon conviction may be imprisoned for not more than
         three (3) years, fined not more than ten thousand dollars ($10,000),
         or both;
         (D)  a counterfeit substance classified in schedules V and VI or a
         noncontrolled counterfeit substance, is guilty of a misdemeanor and
         upon conviction may be imprisoned for not more than one (1) year,
         fined not more than five thousand dollars ($5,000), or both.
    (c)  It is unlawful for any person to possess a controlled substance
unless the substance was obtained directly from, or pursuant to, a valid
prescription or order of a practitioner while acting in the course of his
professional practice, or except as otherwise authorized by this chapter.
    (1)  Any person who violates this subsection and has in his possession a
    controlled substance classified in schedule I which is a narcotic drug or
    a controlled substance classified in schedule II, is guilty of a felony
    and upon conviction may be imprisoned for not more than seven (7) years,
    or fined not more than fifteen thousand dollars ($15,000), or both.
    (2)  Any person who violates this subsection and has in his possession
    lysergic acid diethylamide is guilty of a felony and upon conviction may
    be imprisoned for not more than three (3) years, or fined not more than
    five thousand dollars ($5,000), or both.
    (3)  Any person who violates this subsection and has in his possession a
    controlled substance which is a nonnarcotic drug classified in schedule I
    except lysergic acid diethylamide, or a controlled substance classified in
    schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction
    thereof may be imprisoned for not more than one (1) year, or fined not
    more than one thousand dollars ($1,000), or both.
    (d)  It shall be unlawful for any person to be present at or on premises
of any place where he knows illegal controlled substances are being
manufactured or cultivated, or are being held for distribution,
transportation, delivery, administration, use, or to be given away. A
violation of this section shall deem those persons guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than three hundred
dollars ($300) and not more than ninety (90) days in the county jail, or both.
    (e)  If any person is found to possess marijuana, which for the purposes
of this subsection shall be restricted to all parts of the plants of the genus
Cannabis, including the extract or any preparation of cannabis which contains
tetrahydrocannabinol, in an amount greater than three (3) ounces net weight,
it shall be a felony and upon conviction may be imprisoned for not more than
five (5) years, or fined not more than ten thousand dollars ($10,000), or
both.
    (f)  If two (2) or more persons conspire to commit any offense defined in
this act, said persons shall be punishable by a fine or imprisonment, or both,
which may not exceed the maximum punishment prescribed for the offense, the
commission of which was the object of the conspiracy.
    (g)  (1) It is unlawful for any person to manufacture or distribute a
    "simulated controlled substance," or to possess with intent to distribute,
    a "simulated controlled substance." Any person who violates this
    subsection shall, upon conviction, be guilty of a misdemeanor and upon
    conviction thereof shall be punished by a fine of not more than one
    thousand dollars ($1,000) and not more than one (1) year in the county
    jail, or both.
    (2)  It is unlawful for any person to possess a "simulated controlled
    substance." Any person who violates this subsection shall, upon
    conviction, be guilty of a misdemeanor and upon conviction thereof shall
    be punished by a fine of not more than three  hundred dollars ($300) and
    not more than six (6) months in the county jail, or both.
    (h)  It is unlawful for any person to cause to be placed in any newspaper,
magazine, handbill, or other publication, or to post or distribute in any
public place, any advertisement or solicitation offering for sale simulated
controlled substances. Any person who violates this subsection is guilty of a
misdemeanor and shall be punished in the same manner as prescribed in
subsection (g) of this section.
    (i)  No civil or criminal liability shall be imposed by virtue of this
chapter on any person registered under the Uniform Controlled Substances Act
who manufactures, distributes, or possesses an imitation controlled substance
for use as a placebo or other use by a registered practitioner, as defined in
section 37-2701(z), Idaho Code, in the course of professional practice or
research.
    (j)  No prosecution under this chapter shall be dismissed solely by reason
of the fact that the dosage units were contained in a bottle or other
container with a label accurately describing the ingredients of the imitation
controlled substance dosage units. The good faith of the defendant shall be an
issue of fact for the trier of fact.
    (k)  Upon conviction of a felony or misdemeanor violation under this
chapter or upon conviction of a felony pursuant to the "racketeering act,"
section 18-7804, Idaho Code, or the money laundering and illegal investment
provisions of section 18-8201, Idaho Code, the court may order restitution for
costs incurred by law enforcement agencies in investigating the violation. Law
enforcement agencies shall include, but not be limited to, the Idaho state
police, county and city law enforcement agencies, the office of the attorney
general and county and city prosecuting attorney offices. Costs shall include,
but not be limited to, those incurred for the purchase of evidence, travel and
per diem for law enforcement officers and witnesses throughout the course of
the investigation, hearings and trials, and any other investigative or
prosecution expenses actually incurred, including regular salaries of
employees. In the case of reimbursement to the Idaho state police, those
moneys shall be paid to the Idaho state police for deposit into the drug
enforcement donation fund created in section 57-816, Idaho Code. In the case
of reimbursement to the office of the attorney general, those moneys shall be
paid to the general fund. A conviction for the purposes of this section means
that the person has pled guilty or has been found guilty, notwithstanding the
form of the judgment(s) or withheld judgment(s).