Idaho has stiff penalties in place for the possession and trafficking of different types of drugs, and if charged you need the immediate help of a drug trafficking defense lawyer. The state has defined the penalties for possessing cocaine, meth, marijuana, heroin as well as other controlled substances. Like most other states, Idaho deems substances with potential abuse as Controlled Dangerous Substances (CDS).
The CDS are classified into six categories, from Schedule I to Schedule VI. The most dangerous drugs with little to no benefits are in the Schedule I and the least harmful ones are placed in Schedule VI.
Schedule II is about such drugs which have some medical use but a very high potential for abuse and can create a strong dependence when abused. Cocaine is placed in Schedule II under Idaho laws. This means that the possession, use, or trafficking of the drug is a serious matter in Idaho. This is reflected in the heavy penalties you may receive for cocaine possession or trafficking with the maximum penalty as much as life in prison.
Cocaine Possession Penalties
Possession of Less Than 28 grams
Possession of less than 28 grams of cocaine is a felony crime. If you carry cocaine in this amount, the law does not regard it as trafficking. The penalties for possession at this level include a prison sentence of up to 7 years, or a fine of up to $15,000, or both. These penalties apply when you are arrested on felony possession for the first time. If you are apprehended on a subsequent offense of a similar possession, the penalties are doubled.
Trafficking of 28 grams to less than 200 grams
If you are involved in the transport, delivery, manufacture, or knowing possession of 28 grams or more of cocaine, you are guilty of trafficking in the eyes of the law. This is in contrast to simple possession and the penalties are consequently higher.
When you carry at least 28 grams of cocaine but less than 200 grams, you face a mandatory minimum prison term of 3 years. This is a fixed term which means that if found guilty, you must serve this time in a prison. At the same time, you face a minimum fine of $10,000.
Trafficking of 200 grams to less than 400 grams
If you are found in possession of at least 200 grams of cocaine but no more than 400 grams, stiffer penalties apply. In such a case, you must serve a mandatory minimum sentence of 5 years. Again, this prison term is fixed which means that you must serve all of it. In addition, you must also pay a fine of no less than $15,000.
Trafficking of 400 grams or more
If you are found in possession of at least 400 grams of cocaine, you must serve at least a 10-year mandatory prison sentence. At the same time, you must pay a fine of at least $25,000.
The penalties listed above are the mandatory minimum penalties for the possession of cocaine in varying weights. However, the state has the right to impose penalties above and beyond them, as these are the minimum. The maximum prison sentence you can receive for cocaine trafficking is up to life in prison. And the maximum fine that can be imposed on you is $100,000.
Sale of Cocaine
The state laws distinguish between cocaine sale and trafficking. Selling cocaine is also a felony offense in Idaho. The penalties include up to life in prison and a fine of up to $25,000. Subsequent offense carries double penalties.
Pleading for Lower Penalties
If you are charged with first-time or second-time cocaine possession, Idaho Drug Courts are likely to handle your case. The good thing about these courts is that they allow you the option of enrolling in drug treatment programs as an alternate to your lengthy jail time. This means that you still have options you can explore even after you have been charged and found guilty.
Hiring a Reliable Drug Trafficking Defense Lawyer in Boise, Idaho
If you have been charged with trafficking cocaine or any other drug, you need the immediate help of a good lawyer. Your lawyer will help you build a good defense against the charges. You will also be able to explore any options which you can use to plead for lower penalties in the case. Here at Aaron Hooper, Attorney at Law, we specialize in the defense of charges stemming from drug possession, distribution, trafficking, and manufacturing. If you have been charged for any of these offenses, waste no time. Get in touch with us today to discuss your case.