2005 Idaho Code - 37-2732B — TRAFFICKING -- MANDATORY SENTENCES

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 27
                        UNIFORM CONTROLLED SUBSTANCES
    37-2732B.  TRAFFICKING -- MANDATORY SENTENCES. (a) Except as authorized in
this chapter, and notwithstanding the provisions of section 37-2732, Idaho
Code:
    (1)  Any person who knowingly manufactures, delivers, or brings into this
    state, or who is knowingly in actual or constructive possession of, one
    (1) pound of marijuana or more, or twenty-five (25) marijuana plants or
    more, as defined in section 37-2701, Idaho Code, is guilty of a felony,
    which felony shall be known as "trafficking in marijuana." If the quantity
    of marijuana involved:
         (A)  Is one (1) pound or more, but less than five (5) pounds, or
         consists of twenty-five (25) marijuana plants or more but fewer than
         fifty (50) marijuana plants, regardless of the size or weight of the
         plants, such person shall be sentenced to a mandatory minimum fixed
         term of imprisonment of one (1) year and fined not less than five
         thousand dollars ($5,000);
         (B)  Is five (5) pounds or more, but less than twenty-five (25)
         pounds, or consists of fifty (50) marijuana plants or more but fewer
         than one hundred (100) marijuana plants, regardless of the size or
         weight of the plants, such person shall be sentenced to a mandatory
         minimum fixed term of imprisonment of three (3) years and fined not
         less than ten thousand dollars ($10,000);
         (C)  Is twenty-five (25) pounds or more, or consists of one hundred
         (100) marijuana plants or more, regardless of the size or weight of
         the plants, such person shall be sentenced to a mandatory minimum
         fixed term of imprisonment of five (5) years and fined not less than
         fifteen thousand dollars ($15,000).
         (D)  The maximum number of years of imprisonment for trafficking in
         marijuana shall be fifteen (15) years, and the maximum fine shall be
         fifty thousand dollars ($50,000).
         (E)  For the purposes of this section, the weight of the marijuana is
         its weight when seized or as determined as soon as practicable after
         seizure, unless the provisions of subsection (c) of this section
         apply.
    (2)  Any person who knowingly manufactures, delivers, or brings into this
    state, or who is knowingly in actual or constructive possession of,
    twenty-eight (28) grams or more of cocaine or of any mixture or substance
    containing a detectable amount of cocaine is guilty of a felony, which
    felony shall be known as "trafficking in cocaine." If the quantity
    involved:
         (A)  Is twenty-eight (28) grams or more, but less than two hundred
         (200) grams, such person shall be sentenced to a mandatory minimum
         fixed term of imprisonment of three (3) years and fined not less than
         ten thousand dollars ($10,000);
         (B)  Is two hundred (200) grams or more, but less than four hundred
         (400)  grams, such person shall be sentenced to a mandatory minimum
         fixed term of imprisonment of five (5) years and fined not less than
         fifteen thousand dollars ($15,000);
         (C)  Is four hundred (400) grams or more, such person shall be
         sentenced to a mandatory minimum fixed term of imprisonment of ten
         (10) years and fined not less than twenty-five thousand dollars
         ($25,000).
         (D)  The maximum number of years of imprisonment for trafficking in
         cocaine shall be life, and the maximum fine shall be one hundred
         thousand dollars ($100,000).
    (3)  Any person who knowingly manufactures or attempts to manufacture
    methamphetamine and/or amphetamine is guilty of a felony which shall be
    known as "trafficking in methamphetamine and/or amphetamine by
    manufacturing." Any person convicted of trafficking in methamphetamine
    and/or amphetamine by attempted manufacturing shall be sentenced to a
    mandatory minimum fixed term of imprisonment of two (2) years and not to
    exceed fifteen (15) years imprisonment and fined not less than ten
    thousand dollars ($10,000). Any person convicted of trafficking in
    methamphetamine and/or amphetamine by manufacturing shall be sentenced to
    a mandatory minimum fixed term of imprisonment of five (5) years and not
    to exceed life imprisonment and fined not less than twenty-five thousand
    dollars ($25,000). The maximum number of years of imprisonment for
    trafficking in methamphetamine and/or amphetamine by manufacturing shall
    be life, and the maximum fine shall be one hundred thousand dollars
    ($100,000).
    (4)  Any person who knowingly delivers, or brings into this state, or who
    is knowingly in actual or constructive possession of, twenty-eight (28)
    grams or more of methamphetamine or amphetamine or of any mixture or
    substance containing a detectable amount of methamphetamine or amphetamine
    is guilty of a felony, which felony shall be known as "trafficking in
    methamphetamine or amphetamine." If the quantity involved:
         (A)  Is twenty-eight (28) grams or more, but less than two hundred
         (200) grams, such person shall be sentenced to a mandatory minimum
         fixed term of imprisonment of three (3) years and fined not less than
         ten thousand dollars ($10,000);
         (B)  Is two hundred (200) grams or more, but less than four hundred
         (400) grams, such person shall be sentenced to a mandatory minimum
         fixed term of imprisonment of five (5) years and fined not less than
         fifteen thousand dollars ($15,000);
         (C)  Is four hundred (400) grams or more, such person shall be
         sentenced to a mandatory minimum fixed term of imprisonment of ten
         (10) years and fined not less than twenty-five thousand dollars
         ($25,000).
         (D)  The maximum number of years of imprisonment for trafficking in
         methamphetamine or amphetamine shall be life, and the maximum fine
         shall be one hundred thousand dollars ($100,000).
    (5)  Any person who knowingly manufactures, delivers, brings into this
    state, or who is knowingly in actual or constructive possession of the
    below-specified quantities of any of the following immediate precursors to
    methamphetamine or amphetamine (namely ephedrine, methylamine, methyl
    formamide, phenylacetic acid, phenylacetone, or pseudoephedrine) as
    defined in section 37-2707(g)(1), Idaho Code, or any compound, mixture or
    preparation which contains a detectable quantity of these substances, is
    guilty of a felony which shall be known as "trafficking in immediate
    precursors of methamphetamine or amphetamine." If the quantity:
         (A)  Of ephedrine is five hundred (500) grams or more;
         (B)  Of methylamine is one-half (1/2) pint or more;
         (C)  Of methyl formamide is one-quarter (1/4) pint or more;
         (D)  Of phenylacetic acid is five hundred (500) grams or more;
         (E)  Of phenylacetone is four hundred (400) grams or more;
         (F)  Of pseudoephedrine is five hundred (500) grams or more;
    such person shall be sentenced to a mandatory minimum fixed term of
    imprisonment of ten (10) years and fined not less than twenty-five
    thousand dollars ($25,000). The maximum number of years of imprisonment
    for trafficking in immediate precursors of methamphetamine or amphetamine
    in the quantities specified in paragraphs (A) through (F) of this
    subsection (5) shall be life, and the maximum fine shall be one hundred
    thousand dollars ($100,000). If the quantity of pseudoephedrine is
    twenty-five (25) grams or more, but less than five hundred (500) grams,
    such person shall be sentenced to a term of imprisonment of up to ten (10)
    years and fined not more than twenty-five thousand dollars ($25,000).
    (6)  Any person who knowingly manufactures, delivers or brings into this
    state, or who is knowingly in actual or constructive possession of, two
    (2) grams or more of heroin or any salt, isomer, or salt of an isomer
    thereof, or two (2) grams or more of any mixture or substance containing a
    detectable amount of any such substance is guilty of a felony, which
    felony shall be known as "trafficking in heroin." If the quantity
    involved:
         (A)  Is two (2) grams or more, but less than seven (7) grams, such
         person shall be sentenced to a mandatory minimum fixed term of
         imprisonment of three (3) years and fined not less than ten thousand
         dollars ($10,000);
         (B)  Is seven (7) grams or more, but less than twenty-eight (28)
         grams, such person shall be sentenced to a mandatory minimum fixed
         term of imprisonment of ten (10) years and fined not less than
         fifteen thousand dollars ($15,000);
         (C)  Is twenty-eight (28) grams or more, such person shall be
         sentenced to a mandatory minimum fixed term of imprisonment of
         fifteen (15) years and fined not less than twenty-five thousand
         dollars ($25,000).
         (D)  The maximum number of years of imprisonment for trafficking in
         heroin shall be life, and the maximum fine shall be one hundred
         thousand dollars ($100,000).
    (7)  A second conviction for any trafficking offense as defined in
    subsection (a) of this section shall result in a mandatory minimum fixed
    term that is twice that otherwise required under this section.
    (8)  Notwithstanding any other provision of law, with respect to any
    person who is found to have violated the provisions of this section,
    adjudication of guilt or the imposition or execution of sentence shall not
    be suspended, deferred, or withheld, nor shall such person be eligible for
    parole prior to serving the  mandatory minimum fixed term of imprisonment
    prescribed in this section. Further, the court shall not retain
    jurisdiction.
    (b)  Any person who agrees, conspires, combines or confederates with
another person or solicits another person to commit any act prohibited in
subsection (a) of this section is guilty of a felony and is punishable as if
he had actually committed such prohibited act.
    (c)  For the purposes of subsections (a) and (b) of this section the
weight of the controlled substance as represented by the person selling or
delivering it is determinative if the weight as represented is greater than
the actual weight of the controlled substance.