Although there are many drug offenses defined in Idaho law, the most common charges brought are for Possession, Possession With Intent to Deliver, Manufacturing, Trafficking, Frequenting and Paraphernalia.
Possession: The act element of Possession of a Controlled Substance is just as it sounds, possession. For a conviction, the State must prove that the person was in possession. There are two types of possession, actual possession and constructive possession. Actual possession is just as it sounds. Examples would include having the controlled substance in their hand or in their pocket. Furthermore, the intent element of Possession is knowledge. The State must prove that the person knew the substance was there and knew that the substance was a controlled substance.
Possession With Intent to Deliver: The act element of Possession With Intent to Deliver is the same as Possession as discussed above. The intent element is the intent to deliver the substance to another person.
Note: there is no requirement for a sale or receipt of any value in exchange for the delivery; only the transfer of possession.
Manufacturing: The act element of Manufacturing a Controlled Substance is just as it sounds. It could be cooking meth or growing marijuana. Both are good examples of manufacturing. The intent element is knowingly and intentionally. The State must prove that the person was intentionally manufacturing or cultivating what they knew was a controlled substance.
Trafficking: Trafficking in a Controlled Substance is generally defined as possessing or manufacturing what is deemed a large quantity of a controlled substance. The act element and the intent element is the same as Possession or Manufacturing as discussed above. The state further must prove that the controlled substance was possessed or manufactured in an amount defined in the statute for that particular controlled substance. Note: Trafficking in a Controlled Substance (could be meth, cocaine, heroin, etc.) is a very harsh offense as the statute mandates a prison term.
Frequenting: Frequenting is defined as being at a location where a controlled substance or paraphernalia are located. The act element is being or remaining at that location. The intent element is knowledge. The State must prove that the person knew there was a controlled substance or paraphernalia at the location.
Paraphernalia: Possession of Paraphernalia With the Intent to Use is defined as just that. The possession can be either actual or constructive as discussed above. Therefore, the act element is that of possession as discussed above. The intent element is the intent to use the paraphernalia as controlled substance paraphernalia. Controlled paraphernalia is anything used to contain (like a baggy), inject, ingest, inhale (like a pipe) or otherwise introduce into the human body a controlled substance.