Idaho State Statutes - Idaho Attorney Directory

POSSESSION OF MARIJUANA OR DRUG PARAPHERNALIA BY A MINOR -- USE
OF CONTROLLED SUBSTANCES -- FINES. (1) Any person under eighteen (18) years of
age who shall have in his possession any marijuana as defined in section
37-2701(s), Idaho Code, which would constitute a misdemeanor for an adult so
charged, or who shall have in his possession any drug paraphernalia as defined
in section 37-2701(n), Idaho Code, or who shall unlawfully use or be under the
influence of controlled substances in violation of the provisions of section
37-2732C, Idaho Code, shall be guilty of a misdemeanor, and upon conviction,
may be punished by a fine not in excess of one thousand dollars ($1,000) or by
ninety (90) days in a juvenile detention facility or by both or may be subject
to the provisions of chapter 5, title 20, Idaho Code. If the juvenile is
adjudicated under the provisions of chapter 5, title 20, Idaho Code, for a
violation of this section he shall be sentenced in accordance with the
provisions of chapter 5, title 20, Idaho Code. The juvenile shall be
adjudicated under chapter 5, title 20, Idaho Code, for a violation of section
37-2732C, Idaho Code, unless the court finds that adjudication under chapter
5, title 20, Idaho Code, is not appropriate in the circumstances.
(2) A conviction under this section shall not be used as a factor or
considered in any manner for the purpose of establishing rates of motor
vehicle insurance charged by a casualty insurer, nor shall such conviction be
grounds for nonrenewal of any insurance policy as provided in section 41-2507,
Idaho Code.
(3) Any person who pleads guilty or is found guilty of possession of
marijuana pursuant to this section, or any person under eighteen (18) years of
age who pleads guilty or is found guilty of a violation of section 37-2732C,
Idaho Code, then in addition to the penalty provided in subsection (1) of this
section:
(a) The court shall suspend the person's driving privileges for a period
of not more than one (1) year. The person may request restricted driving
privileges during the period of suspension, which the court may allow, if
the person shows by a preponderance of the evidence that driving
privileges are necessary as deemed appropriate by the court.
(b) If the person's driving privileges have been previously suspended
under this section, the court shall suspend the person's driving
privileges for a period of not more than two (2) years. The person may
request restricted driving privileges during the period of suspension,
which the court may allow, if the person shows by a preponderance of the
evidence that driving privileges are necessary as deemed appropriate by
the court.
(c) The person shall surrender his license or permit to the court.
(d) The court shall notify the motor vehicle division of the Idaho
transportation department of all orders of suspension it issues pursuant
to this section.
(4) The court, in its discretion, may also order the person convicted of
possession of marijuana under subsection (1) of this section, or a person
under eighteen (18) years of age who has been convicted of using or being
under the influence of a controlled substance in violation of section
37-2732C, Idaho Code, to undergo and complete a substance abuse evaluation and
to complete a drug treatment program, as provided in section 37-2738, Idaho
Code.

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