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Caught Under the Influence of Marijuana

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  • 10-06-2008, 11:05 PM
    slightly addicted
    Caught Under the Influence of Marijuana
    My question involves criminal law for the state of: Idaho
    When I was a minior I was caught for being under the influence of marljuana while on school property. I had to do drug classes in and out of school. Then tonight my violations were possion of drug paraphernalia and possion or marijunana. Now that I'm 18 what are the chances of me going to jail for this since I was caught before? The first time that I was caught I was never charged with anything so would this be my first offense? What would be my maxium punishment that they could give me?
  • 10-07-2008, 03:24 AM
    gigirle
    Re: Am I Going to Jail?
    Your post doesn't make sense. First you said
    Quote:

    When I was a minior I was caught for being under the influence of marljuana while on school property. I had to do drug classes in and out of school. Then tonight my violations were possion of drug paraphernalia and possion or marijunana
    Then you said
    Quote:

    The first time that I was caught I was never charged with anything so would this be my first offense? What would be my maxium punishment that they could give me
    How did they make you go to classes and then say they didn't charge you? Did you get a diersion program?
    Either way here is what your looking at
    Quote:

    It is a crime to be under the influence of marijuana in a public place or to use marijuana in a public place, punishable by up to six months in jail and a fine of up to $1,000.

    The penalty for possession of three ounces or less of marijuana is up to one year in jail and a fine of up to $1,000. Possession of greater than three ounces is a felony and punishable by up to 5 years in prison and a fine of up to $10,000.

    The penalty for cultivation, sale or distribution of less than one pound (or less than 25 plants) is a prison term of up to five years and a fine of up to $15,000. Cultivation, sale or distribution of amounts greater than one pound are all subject to mandatory minimum sentences. The maximum possible punishment for any cultivation, sale or delivery is 15 years in prison and a fine of up to $50,000. For amounts of one pound or more (or more than 24 plants) the punishment is a mandatory minimum sentence of one year in prison and a fine of not less than $5,000. Cultivation, sale or distribution of five pounds or more (or more than 49 plants) is punishable by a mandatory minimum prison term of three years and a fine of not less than $10,000. For amounts of 25 pounds or more (or more than 99 plants) the punishment is a mandatory minimum sentence of five years in prison and a fine of not less than $15,000.

    Any sale to a minor, at least three years younger than the seller, doubles the possible prison sentence. Any sale on premises where minors are present is punishable by up to five years in prison and a fine of up to $5,000.

    It is also a crime to be present in a place where the person knows that there is illegal drug activity taking place and is punishable by up to 90 days in jail and a fine of up to $300.

    Possession of paraphernalia is punishable by up to one year in jail and a fine of up to $1,000. Sale or manufacture of paraphernalia is punishable by up to nine years in prison and a fine of up to $30,000.

    Any second conviction for a drug offense can double the possible penalties.
    Under the influence or use in public misdemeanor 6 months $1,000
    3 oz or less misdemeanor 1 year $1,000
    More than 3 oz felony 5 years $10,000
    Once you figure out if you were charged before or not you'll know where you stand.
    Good Luck
  • 10-07-2008, 11:39 AM
    slightly addicted
    Re: Am I Going to Jail?
    They didnt charge me because I was a minior at the time and I didnt have any on me. All they could do was do a bunch of drug test to see if I was on anything and it was the school who made me do the drug classes
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