Idaho Code § 37-507 — Idaho Code / Title 37 / Chapter 5 / Section 37-507
37-507 STATEMENT OF MILK OR CREAM PURCHASED.
Status: in_force

37-507. Statement of milk or cream purchased. Every person, corporation, cooperative or company that determines the value of any milk or cream received or bought by such person, corporation, cooperative or company on a milk volume, component or somatic cell count basis shall, when paying for such milk or cream, include in every statement or check issued to any patron in payment therefor a statement of the number of pounds of milk, milk components and the average somatic cell counts, if applicable, for which payment is made. Records for such transactions shall be retained by the purchaser of the milk or cream for at least one (1) year from the date the tests were conducted.

History:

[(37-507) 1913, ch. 132, sec. 3, p. 482; reen. C.L., 65:73; C.S., sec. 1740; I.C.A., sec. 36-707; am. 1947, ch. 160, sec. 3, p. 412; am. 1970, ch. 34, sec. 1, p. 72; am. 2011, ch. 115, sec. 6, p. 318.]
Idaho Code § 37-515 — Idaho Code / Title 37 / Chapter 5 / Section 37-515
37-515 FEES AND FINES — DISPOSITION.
Status: in_force

37-515. Fees and fines — Disposition. Fees and fines collected under the provisions of this act shall be credited and paid into the dairy industry and inspection fund. The department is authorized by rule to set forth parameters relating to payments, refunds or other adjustments whenever the department determines milk or cream component testing fails to meet requirements. The payments or refunds shall be made to the aggrieved party within thirty (30) days.

History:

[(37-515) 1925, ch. 224, sec. 10, p. 435; I.C.A., sec. 36-714; am. 1933, ch. 47, sec. 3, p. 75; am. 1950 (E.S.), ch. 76, sec. 2, p. 101; am. 2011, ch. 115, sec. 10, p. 319.]
Idaho Code § 37-117 — Idaho Code / Title 37 / Chapter 1 / Section 37-117
37-117 VIOLATIONS — PENALTY — EXCEPTIONS.
Status: in_force

37-117. Violations — Penalty — Exceptions.

(1) (a) Any person who intentionally adulterates a drug that is held for sale or distribution, or that is to be administered or dispensed, shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years or a fine of not more than fifty thousand dollars ($50,000), or both.

(b) Any health care provider who, with knowledge that a drug has been adulterated, permits that drug to be administered or dispensed to a person shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years, or a fine of not more than fifty thousand dollars ($50,000), or both. For the purposes of this subsection, the term "health care provider" shall be defined as any person licensed in this state to prescribe, dispense, conduct research with respect to, or administer drugs in the course of professional practice and any unlicensed person, who, as part of such person's employment or profession, provides health care services.

(c) The determination of whether or not a drug has been adulterated shall be made in accordance with the provisions of section 37-126, Idaho Code.

(2) Any person who violates any of the provisions of this act or of rules promulgated by the board of health and welfare thereunder or who interferes with the director of the department of health and welfare or the personnel of the department in the administration of this act shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six (6) months or a fine of not more than five hundred dollars ($500), or both such imprisonment and fine, but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than one thousand dollars ($1000), or both such imprisonment and fine.

(3) No person shall be subject to the penalties of subsection (2) of this section, for having violated section 37-115 (a) or (c), Idaho Code, if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the state of Idaho from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this act, designating this act.

(4) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the director to furnish him the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the state of Idaho who causes him to disseminate such advertisement.

History:

[37-117, added 1959, ch. 153, sec. 5, p. 351; am. 1974, ch. 23, sec. 16, p. 633; am. 2002, ch. 231, sec. 1, p. 661.]
Idaho Code § 37-1205 — Idaho Code / Title 37 / Chapter 12 / Section 37-1205
37-1205 ENFORCEMENT AND DUTIES OF DEPARTMENT OF AGRICULTURE.
Status: in_force

37-1205. Enforcement and duties of department of agriculture. Enforcement of this act shall be in the department of agriculture of the state of Idaho and it shall be the duty of such department to exercise and supervise and conduct such investigations as may be necessary for the enforcement of this act.

History:

[37-1205, added 1949, ch. 44, sec. 5, p. 77.]
Idaho Code § 37-2732 — Idaho Code / Title 37 / Chapter 27 / Section 37-2732
37-2732 PROHIBITED ACTS A — PENALTIES.
Status: in_force

ARTICLE IV

37-2732. Prohibited acts A — Penalties. (a) Except as authorized by this chapter, it is unlawful for any person to manufacture or deliver, or possess with intent to manufacture or deliver, a controlled substance.

(1) Any person who violates this subsection with respect to:

(A) A controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II, except as provided for in section 37-2732B(a)(3), Idaho Code, is guilty of a felony and upon conviction may be imprisoned for a term of years not to exceed life imprisonment, or fined not more than twenty-five thousand dollars ($25,000), or both;

(B) Any other controlled substance which is a nonnarcotic drug classified in schedule I, or a controlled substance classified in schedule III, is guilty of a felony and upon conviction may be imprisoned for not more than five (5) years, fined not more than fifteen thousand dollars ($15,000), or both;

(C) A substance classified in schedule IV is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, fined not more than ten thousand dollars ($10,000), or both;

(D) A substance classified in schedules V and VI is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or both.

(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.

(1) Any person who violates this subsection with respect to:

(A) A counterfeit substance classified in schedule I which is a narcotic drug, or a counterfeit substance classified in schedule II, is guilty of a felony and upon conviction may be imprisoned for not more than fifteen (15) years, fined not more than twenty-five thousand dollars ($25,000), or both;

(B) Any other counterfeit substance classified in schedule I which is a nonnarcotic drug contained in schedule I or a counterfeit substance contained in schedule III is guilty of a felony and upon conviction may be imprisoned for not more than five (5) years, fined not more than fifteen thousand dollars ($15,000), or both;

(C) A counterfeit substance classified in schedule IV is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, fined not more than ten thousand dollars ($10,000), or both;

(D) A counterfeit substance classified in schedules V and VI or a noncontrolled counterfeit substance is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than five thousand dollars ($5,000), or both.

(c) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this chapter.

(1) Any person who violates this subsection and has in his possession a controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II is guilty of a felony and upon conviction may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), or both.

(2) Any person who violates this subsection and has in his possession lysergic acid diethylamide is guilty of a felony and upon conviction may be imprisoned for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both.

(3) Any person who violates this subsection and has in his possession a controlled substance which is a nonnarcotic drug classified in schedule I except lysergic acid diethylamide, or a controlled substance classified in schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction thereof may be imprisoned for not more than one (1) year, or fined not more than one thousand dollars ($1,000), or both.

(d) It shall be unlawful for any person to be present at or on premises of any place where he knows illegal controlled substances are being manufactured or cultivated, or are being held for distribution, transportation, delivery, administration, use, or to be given away. A violation of this section shall deem those persons guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) and not more than ninety (90) days in the county jail, or both.

(e) If any person is found to possess marijuana, which for the purposes of this subsection shall be restricted to all parts of the plants of the genus Cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinol, in an amount greater than three (3) ounces net weight, it shall be a felony and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000), or both, and for any amount less than or equal to three (3) ounces net weight, it shall be a misdemeanor and upon conviction shall be subject to a fine of not less than three hundred dollars ($300) when possessed by a person eighteen (18) years of age or older in addition to any penalties provided for in subsection (c)(3) of this section.

(f) If two (2) or more persons conspire to commit any offense defined in this act, said persons shall be punished by a fine or imprisonment, or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy.

(g)(1) It is unlawful for any person to manufacture or distribute a "simulated controlled substance," or to possess with intent to distribute a "simulated controlled substance." Any person who violates this subsection shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) and not more than one (1) year in the county jail, or both.

(2) It is unlawful for any person to possess a "simulated controlled substance." Any person who violates this subsection shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300) and not more than six (6) months in the county jail, or both.

(h) It is unlawful for any person to cause to be placed in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation offering for sale simulated controlled substances. Any person who violates this subsection is guilty of a misdemeanor and shall be punished in the same manner as prescribed in subsection (g) of this section.

(i) No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the uniform controlled substances act who manufactures, distributes, or possesses an imitation controlled substance for use as a placebo or other use by a registered practitioner, as defined in section 37-2701(bb), Idaho Code, in the course of professional practice or research.

(j) No prosecution under this chapter shall be dismissed solely by reason of the fact that the dosage units were contained in a bottle or other container with a label accurately describing the ingredients of the imitation controlled substance dosage units. The good faith of the defendant shall be an issue of fact for the trier of fact.

(k) Upon conviction of a felony or misdemeanor violation under this chapter or upon conviction of a felony pursuant to the racketeering act, section 18-7804, Idaho Code, or the money laundering and illegal investment provisions of section 18-8201, Idaho Code, the court may order restitution for costs incurred by law enforcement agencies in investigating the violation. Law enforcement agencies shall include, but not be limited to, the Idaho state police, county and city law enforcement agencies, the office of the attorney general and county and city prosecuting attorney offices. Costs shall include, but not be limited to, those incurred for the purchase of evidence, travel and per diem for law enforcement officers and witnesses throughout the course of the investigation, hearings and trials, and any other investigative or prosecution expenses actually incurred, including regular salaries of employees. In the case of reimbursement to the Idaho state police, those moneys shall be paid to the Idaho state police for deposit into the drug and driving while under the influence enforcement donation fund created in section 57-816, Idaho Code. In the case of reimbursement to the office of the attorney general, those moneys shall be paid to the general fund. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment(s) or withheld judgment(s).

History:

[37-2732, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 6, p. 261; am. 1972, ch. 409, sec. 1, p. 1195; am. 1974, ch. 242, sec. 1, p. 1606; am. 1977, ch. 185, sec. 1, p. 515; am. 1982, ch. 169, sec. 2, p. 447; am. 1983, ch. 218, sec. 2, p. 605; am. 1984, ch. 200, sec. 1, p. 490; am. 1986, ch. 286, sec. 1, p. 709; am. 1989, ch. 268, sec. 2, p. 654; am. 1992, ch. 20, sec. 1, p. 64; am. 1993, ch. 105, sec. 1, p. 266; am. 1999, ch. 143, sec. 1, p. 407; am. 2000, ch. 469, sec. 86, p. 1533; am. 2004, ch. 242, sec. 1, p. 705; am. 2009, ch. 108, sec. 3, p. 348; am. 2010, ch. 118, sec. 3, p. 262; am. 2021, ch. 35, sec. 5, p. 86; am. 2025, ch. 7, sec. 1, p. 12.]
Idaho Code § 37-2733 — Idaho Code / Title 37 / Chapter 27 / Section 37-2733
37-2733 PROHIBITED ACTS B — PENALTIES.
Status: in_force

ARTICLE IV

37-2733. Prohibited acts B — Penalties. (a) It is unlawful for any person:

(1) Who is subject to article III of this act to distribute or dispense a controlled substance in violation of section 37-2722, Idaho Code;

(2) Who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;

(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this act;

(4) To refuse an entry into any premises for any inspection authorized by this act; or

(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of this act.

(b) Any person who violates this section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than twenty-five thousand dollars ($25,000), or both.

History:

[I.C., sec. 37-2733, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 409, sec. 2, p. 1195.]
Idaho Code § 37-2738 — Idaho Code / Title 37 / Chapter 27 / Section 37-2738
37-2738 SENTENCING CRITERIA IN DRUG CASES.
Status: in_force

ARTICLE IV

37-2738. Sentencing criteria in drug cases. (1) Any person who pleads guilty to, is found guilty of or has a judgment of conviction entered upon a violation of the provisions of subsection (a), (b), (c) or (e) of section 37-2732, Idaho Code, shall be sentenced according to the criteria set forth herein.

(2) Prior to sentencing for a violation enumerated in subsection (1) of this section, the defendant shall undergo, at his own expense (or at county expense through the procedures set forth in chapters 34 and 35, title 31, Idaho Code), a substance abuse evaluation at a facility approved by the Idaho department of health and welfare. Provided however, if the defendant has no prior or pending charges under the provisions of subsection (a), (b), (c) or (e) of section 37-2732, Idaho Code, and the court does not have any reason to believe that the defendant regularly abuses drugs and is in need of treatment, the court may, in its discretion, waive the evaluation with respect to sentencing for a violation of subsection (b), (c)(3), or (e) of section 37-2732, Idaho Code, and proceed to sentence the defendant. The court may also, in its discretion, waive the requirement of a substance abuse evaluation with respect to a defendant's violation of the provisions of subsection (a), (b), (c) or (e) of section 37-2732, Idaho Code, and proceed to sentence the defendant if the court has a presentence investigation report, substance abuse assessment, criminogenic risk assessment, or similar assessment which has evaluated the defendant's need for substance abuse treatment conducted within twelve (12) months preceding the date of the defendant's sentencing.

(3) In the event a substance abuse evaluation indicates the need for substance abuse treatment, the evaluation shall recommend an appropriate treatment program, together with the estimated costs thereof, and recommendations for other suitable alternative treatment programs, together with the estimated costs thereof. The person shall request that a copy of the completed evaluation be forwarded to the court. The court shall take the evaluation into consideration to determine an appropriate sentence. If a copy of the completed evaluation has not been provided to the court, the court may proceed to sentence the defendant; however, in such event it shall be presumed that substance abuse treatment is needed unless it is shown by a preponderance of evidence that treatment is not required. If the defendant has not made a good faith effort to provide the completed copy of the evaluation to the court, the court may consider the failure of the defendant to provide or report an aggravating circumstance in determining an appropriate sentence. If treatment is ordered, the person or facility performing the evaluation shall not be the person or facility that provides the treatment, unless this requirement is waived by the sentencing court, and with the exception of federally recognized Indian tribes or federal military installations where diagnoses and treatment are appropriate and available. Nothing herein contained shall preclude the use of funds authorized pursuant to the provisions of chapter 3, title 39, Idaho Code, for court ordered substance abuse treatment for indigent defendants.

(4) When sentencing an individual for the crimes enumerated in subsection (1) of this section, the court shall not enter a withheld judgment unless it finds by a preponderance of the evidence that:

(a) The defendant has no prior finding of guilt for any felony, any violation of chapter 80, title 18, Idaho Code, or subsection (a), (b), (c) or (e) of section 37-2732, Idaho Code, whatsoever; and

(b) The sentencing court has an abiding conviction that the defendant will successfully complete the terms of probation; and

(c) The defendant has satisfactorily cooperated with law enforcement authorities in the prosecution of drug related crimes of which the defendant has previously had involvement.

The requirements for the granting of a withheld judgment pursuant to this subsection shall not apply to a defendant who has been admitted to a problem solving court program approved by the drug court and mental health court coordinating committee and is participating in, or about to begin participating in, such a program, or who participated in such a problem solving court program in connection with the pending case and who successfully graduated from such a program prior to sentencing.

(5) Any person who pleads guilty to or is found guilty of a violation of the provisions of the Idaho Code identified in subsection (1) of this section shall, when granted a probationary period of any sort whatsoever, be required by the court to complete a period of not less than one hundred (100) hours of community service work.

History:

[37-2738, added 1989, ch. 174, sec. 2, p. 423; am. 2003, ch. 285, sec. 1, p. 770; am. 2004, ch. 22, sec. 1, p. 24; am. 2016, ch. 161, sec. 1, p. 444.]
Idaho Code § 37-401 — Idaho Code / Title 37 / Chapter 4 / Section 37-401
37-401 INSPECTIONS, EXAMINATIONS AND TESTS BY DEPARTMENT OF AGRICULTURE — DAIRY FARMS — NUTRIENT MANAGEMENT PLANS REQUIRED — CERTAIN EVIDENCE REQUIRED.
Status: in_force

37-401. Inspections, examinations and tests by department of agriculture — Dairy farms — Nutrient management plans required — Certain evidence required. (1) The director of the department of agriculture is hereby authorized and directed to designate any agent to inspect, examine and test any or all dairy products in accordance with rules as the department may prescribe; and to ascertain and certify the grade, classification, quality or sanitary condition thereof and other pertinent facts as the department may require. The director or agent of the department of agriculture of the state of Idaho shall make sanitary inspection of milk, cream, butter and dairy products of any kind whatsoever, intended for human consumption, and of containers, utensils, equipment, buildings, premises or anything whatsoever employed in the production, handling, storing, processing or manufacturing of dairy products or that would affect the purity of the products. Inspections, examinations and tests shall be made to meet the requirements of the laws of the state and of the United States for the sale of the products or their transportation in both intrastate and interstate commerce. Any agent designated by the director to make inspections shall have the right for that purpose to enter any premises and buildings where milk, cream, butter or dairy products shall be produced, stored, processed or manufactured.

(2) Acting in accord with rules of the department, the director or agent of the department shall review plans and specifications for construction of new, modified or expanded waste systems and inspect any dairy farm to ascertain and certify sanitary conditions, waste systems and milk quality.

(3) The director or agent shall issue a permit authorizing the sale of milk for human consumption to all dairy farms that meet the requirements of this chapter, and rules promulgated pursuant to this chapter.

(4) All dairy farms shall have a nutrient management plan approved by the department. The nutrient management plan shall cover the dairy farm site and other land owned and operated by the dairy farm owner or operator. Nutrient management plans submitted to the department by the dairy farm shall include the names and addresses of each recipient of that dairy farm's livestock waste, the number of acres to which the livestock waste is applied and the amount of such livestock waste received by each recipient. The information provided in this subsection shall be available to the county in which the dairy farm, or the land upon which the livestock waste is applied, is located. If livestock waste is converted to compost before it leaves the dairy farm, only the first recipient of the compost must be listed in the nutrient management plan as a recipient of livestock waste from the dairy farm. Existing dairy farms shall submit a nutrient management plan to the department on or before July 1, 2001.

(5) Any new dairy farms or dairy farms that change owners or operators shall have an approved nutrient management plan on file with the department prior to the issuance of the milk permit for that dairy. The nutrient management plan shall be implemented upon approval of the plan by the department.

(6) The director or his agent may issue a permit to sell milk for human consumption to a new or expanding dairy farm only upon presentation to the director by the new or expanding dairy farm of:

(a) A certified letter, supplied by the board of county commissioners, certifying the new or expanding dairy farm's compliance with applicable county livestock ordinances; and

(b) Evidence that a valid water right exists to supply adequate water for the new or expanding dairy farm; or

(c) A copy of an application for a permit to appropriate water that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm; or

(d) A copy of an application to change the point of diversion, place, period and nature of use of an existing water right that has been filed with the Idaho department of water resources and which, if approved, will supply adequate water for the dairy farm.

(7) As used in this section:

(a) "Animal units" shall be as defined in rule by the director.

(b) "Expanding dairy farm" means an existing, legally permitted dairy farm that increases, or applies to increase, its existing animal units beyond the number for which it is permitted under applicable county livestock ordinances or increases, or applies to increase, the waste containment system.

(c) "New dairy farm" means a dairy farm constructed after the effective date of this act.

(8) The nutrient management plan, and all information generated by the dairy as a result of such plan, shall be deemed to be trade secrets, production records or other proprietary information, shall be kept confidential and shall be exempt from disclosure pursuant to section 74-107, Idaho Code.

History:

[37-401, added 1943, ch. 85, sec. 1, p. 171; am. 1949, ch. 183, sec. 1, p. 385; am. 1974, ch. 18, sec. 248, p. 364; am. 1992, ch. 93, sec. 14, p. 300; am. 1996, ch. 81, sec. 1, p. 264; am. 2000, ch. 188, sec. 1, p. 464; am. 2001, ch. 387, sec. 1, p. 1365; am. 2001, ch. 388, sec. 1, p. 1367; am. 2011, ch. 232, sec. 1, p. 634; am. 2015, ch. 141, sec. 78, p. 437.]
Idaho Code § 37-2744 — Idaho Code / Title 37 / Chapter 27 / Section 37-2744
37-2744 FORFEITURES.
Status: in_force

ARTICLE V

37-2744. Forfeitures. (a) The following are subject to forfeiture:

(1) All controlled substances that have been manufactured, distributed, dispensed, acquired, possessed or held in violation of this act or with respect to which there has been any act by any person in violation of this act;

(2) All raw materials, products and equipment of any kind that are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substances or counterfeit substances in violation of this act;

(3) All property that is used, or intended for use, as a container for property used in the commission of an act prohibited by section 37-2732B, 37-2732(a) or (b), or 37-2737A, Idaho Code;

(4) All conveyances, including aircraft, vehicles, or vessels, that are used, or intended for use, to transport, or in any manner to facilitate the transportation, delivery, receipt or manufacture of substances as prohibited by section 37-2732B, 37-2732(a) or (b), or 37-2737A, Idaho Code, but:

(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this act;

(B) No conveyance is subject to forfeiture under this section if the owner establishes that he could not have known in the exercise of reasonable diligence that the conveyance was being used, had been used, was intended to be used or had been intended to be used in any manner described in subsection (a)(4) of this section;

(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the security interest was created without any knowledge or reason to believe that the conveyance was being used, had been used, was intended to be used, or had been intended to be used for the purpose alleged.

(5) All books, records, and research products and materials, including formulas, microfilm, tapes, and data that are used, or intended for use, in violation of this act.

(6)(A) All moneys, currency, negotiable instruments, securities or other items easily liquidated for cash, such as, but not limited to, jewelry, stocks and bonds, or other property described in paragraphs (2) and (3) of this subsection that is found in close proximity to property described in paragraph (1), (2), (3), (5), (7) or (8) of this subsection and that has been used or is intended for use in connection with the illegal manufacture, distribution, dispensing or possession of property described in paragraph (1), (2), (3), (5), (7) or (8) of this subsection;

(B) Items described in subparagraph (A) of this paragraph or other things of value furnished or intended to be furnished by any person in exchange for a contraband controlled substance in violation of this chapter, all proceeds, including items of property traceable to such an exchange, and all moneys or other things of value used or intended to be used to facilitate any violation of this chapter, except that no property shall be forfeited under this paragraph to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner.

(7) All drug paraphernalia as defined by section 37-2701, Idaho Code.

(8) All simulated controlled substances, which are used or intended for use in violation of this chapter.

(9) All weapons, or firearms, which are used in any manner to facilitate a violation of the provisions of this chapter.

(b) Property subject to forfeiture under this chapter may be seized by the director, or any peace officer of this state, upon process issued by any district court, or magistrate division thereof, having jurisdiction over the property. Seizure without process may be made if:

(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal racketeering or civil forfeiture proceeding based upon a violation of this chapter;

(3) Probable cause exists to believe that the property is directly or indirectly dangerous to health or safety; or

(4) Probable cause exists to believe that the property was used or is intended to be used in violation of this chapter.

Mere presence or possession of United States currency, without other indicia of criminal activity, is insufficient cause for seizure.

(c) In the event of seizure pursuant to subsection (b) of this section, proceedings under subsection (d) of this section shall be instituted promptly.

(1) When property is seized under this section, the director or the peace officer who seized the property may:

(A) Place the property under seal;

(B) Remove the property to a place designated by him; or

(C) Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(2) The peace officer who seized the property shall within five (5) days notify the director of such seizure.

(3) In the event of seizure pursuant to subsection (b) of this section, proceedings under subsection (d) of this section shall be instituted within thirty (30) days by the director or appropriate prosecuting attorney.

(d) Property taken or detained under this section may be subject to replevin during the pendency of the forfeiture proceedings upon a hearing and finding by the district court, or magistrate division thereof, having jurisdiction over the forfeiture proceedings, that the property is: (i) reasonably necessary for the owner's employment or personal use, that the property will not be disposed of or used for criminal activity, and that reasonable security has been posted; or (ii) that the seizure violated the provisions of this section. The right of replevin shall terminate upon an order of forfeiture as set forth in this section. Property that is being held that has evidentiary value in the underlying criminal case shall not be subject to replevin. Forfeiture proceedings shall be civil actions against the property subject to forfeiture and the standard of proof shall be preponderance of the evidence.

(1) All property described in paragraphs (1), (7) and (8) of subsection (a) of this section shall be deemed contraband and shall be summarily forfeited to the state. Controlled substances that are seized or come into possession of the state, the owners of which are unknown, shall be deemed contraband and shall be summarily forfeited to the state.

(2) When property described in paragraphs (2), (3), (4), (5), (6) or (9) of subsection (a) of this section is seized pursuant to this section, forfeiture proceedings shall be filed in the office of the clerk of the district court for the county wherein such property is seized. The procedure governing such proceedings shall be the same as that prescribed for civil proceedings by the Idaho rules of civil procedure. The court shall determine whether such property was used, or intended for use, in violation of this chapter. The court shall also determine whether a property forfeiture is proportionate to the crime alleged, charged or proven. Factors to be considered by the court in making such a determination shall include, but are not limited to, the nature and severity of the crime, the fair market value of the property, the intangible or subjective value of the property, the hardship to the defendant, the effect of forfeiture on the defendant's family or financial circumstances, and any other sanctions or penalties that have been imposed upon the defendant. The court may tailor the forfeiture of property according to its determination of proportionality as justice requires.

(3) When conveyances, including aircraft, vehicles, or vessels, are seized pursuant to this section, a complaint instituting forfeiture proceedings shall be filed in the office of the clerk of the district court for the county wherein such conveyance is seized.

(A) Notice of forfeiture proceedings shall be given to each owner or party in interest who has a right, title, or interest which in the case of a conveyance shall be determined by the record in the Idaho transportation department, or a similar department of another state if the records are maintained in that state, by serving a copy of the complaint and summons according to one (1) of the following methods:

(I) Upon each owner or party in interest by mailing a copy of the complaint and summons by certified mail to the address as given upon the records of the appropriate department.

(II) Upon each owner or party in interest whose name and address is known, by mailing a copy of the notice by registered mail to the last known address.

(B) Within twenty (20) days after the mailing or publication of the notice, the owner of the conveyance or claimant may file a verified answer and claim to the property described in the complaint instituting forfeiture proceedings.

(C) If at the end of twenty (20) days after the notice has been mailed there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use, or intent to use, and shall order the property forfeited to the director, or appropriate prosecuting attorney, if such fact is proved.

(D) If a verified answer is filed, the forfeiture proceeding shall be set for hearing before the court without a jury on a day not less than thirty (30) days therefrom; and the proceeding shall have priority over other civil cases.

(I) At the hearing any owner who has a verified answer on file may show by competent evidence that the conveyance was not used or intended to be used in any manner described in subsection (a)(4) of this section.

(II) At the hearing any owner who has a verified answer on file may show by competent evidence that his interest in the conveyance is not subject to forfeiture because he did not know that the conveyance was being used, had been used, was intended to be used or had been intended to be used in any manner described in subsection (a)(4) of this section.

(III) If the court finds that the property was not used or was not intended to be used in violation of this act, or is not subject to forfeiture under this act, the court shall order the property released to the owner as his right, title, or interest appears on records in the appropriate department as of the seizure.

(IV) An owner, co-owner or claimant of any right, title, or interest in the conveyance may prove that his right, title, or interest, whether under a lien, mortgage, conditional sales contract or otherwise, was created without any knowledge or reason to believe that the conveyance was being used, had been used, was intended to be used, or had been intended to be used for the purpose alleged;

(i) In the event of such proof, the court shall order the conveyance released to the bona fide or innocent owner, purchaser, lienholder, mortgagee, or conditional sales vendor.

(ii) If the amount due to such person is less than the value of the conveyance, the conveyance may be sold at public auction by the director or appropriate prosecuting attorney. The director, or appropriate prosecuting attorney, shall publish a notice of the sale by at least one (1) publication in a newspaper published and circulated in the city, community or locality where the sale is to take place at least one (1) week prior to sale of the conveyance. The proceeds from such sale shall be distributed as follows in the order indicated:

1. To the bona fide or innocent owner, purchaser, conditional sales vendor, lienholder or mortgagee of the conveyance, if any, up to the value of his interest in the conveyance.

2. The balance, if any, in the following order:

A. To the director, or appropriate prosecuting attorney, for all expenditures made or incurred by him in connection with the sale, including expenditure for any necessary repairs, storage, or transportation of the conveyance, and for all expenditures made or incurred by him in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, traveling and investigation.

B. To the law enforcement agency of this state which seized the conveyance for all expenditures for traveling, investigation, storage and other expenses made or incurred after the seizure and in connection with the forfeiture of any conveyance seized under this act.

C. The remainder, if any, to the director for credit to the drug and driving while under the influence enforcement donation fund or to the appropriate prosecuting attorney for credit to the local drug enforcement donation fund, or its equivalent.

(iii) In any case, the director, or appropriate prosecuting attorney, may, within thirty (30) days after judgment, pay the balance due to the bona fide lienholder, mortgagee or conditional sales vendor and thereby purchase the conveyance for use to enforce this act.

(e) When property is forfeited under this section, or is received from a federal enforcement agency, the director, or appropriate prosecuting attorney, may:

(1) Upon a showing that the property as set forth in this section is suited for and likely to be used for law enforcement activities, the plaintiff or law enforcement agency may, with judicial approval, retain it for official use;

(2) Sell that which is not required to be destroyed by law and which is not harmful to the public.

The director, or appropriate prosecuting attorney, shall publish a notice of the sale by at least one (1) publication in a newspaper published and circulated in the city, community or locality where the sale is to take place at least one (1) week prior to sale of the property. The proceeds from such sale shall be distributed as follows in the order indicated:

(A) To the director, or prosecuting attorney on behalf of the county or city law enforcement agency, for all expenditures made or incurred in connection with the sale, including expenditure for any necessary repairs, maintenance, storage or transportation, and for all expenditures made or incurred in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, traveling and investigation.

(B) To the law enforcement agency of this state which seized the property for all expenditures for traveling, investigation, storage and other expenses made or incurred after the seizure and in connection with the forfeiture of any property seized under this act.

(C) The remainder, if any, to the director for credit to the drug and driving while under the influence enforcement donation fund or to the appropriate prosecuting attorney for credit to the local agency's drug enforcement donation fund; or

(3) Take custody of the property and remove it for disposition in accordance with law.

(f)(1) The director or any peace officer of this state seizing any of the property described in paragraphs (1) and (2) of subsection (a) of this section shall cause a written inventory to be made and maintain custody of the same until all legal actions have been exhausted unless such property has been placed in lawful custody of a court or state or federal law enforcement agency. After all legal actions have been exhausted with respect to such property, the property shall be surrendered by the court, law enforcement agency, or person having custody of the same to the director to be destroyed pursuant to paragraph (2) of this subsection. The property shall be accompanied with a written inventory on forms furnished by the director.

(2) All property described in paragraphs (1) and (2) of subsection (a) of this section that is seized or surrendered under the provisions of this act may be destroyed after all legal actions have been exhausted. The destruction shall be done under the supervision of the Idaho state police by a representative of the office of the director. An official record listing the property destroyed and the location of destruction shall be kept on file at the office of the director. Except, however, that the director of the Idaho state police or his designee may authorize the destruction of drug or nondrug evidence, or store those items at government expense when, in the opinion of the director or his designee, it is not reasonable to remove or transport such items from the location of the seizure for destruction. In such case, a representative sample will be removed and preserved for evidentiary purposes and, when practicable, destroyed as otherwise is in accordance with this chapter. On-site destruction of such items shall be witnessed by at least two (2) persons, one (1) of whom shall be the director or his designee who shall make a record of the destruction.

(g) Species of plants from which controlled substances in schedules I and II may be derived that have been planted or cultivated in violation of this act, or of which the owners or cultivators are unknown, or that are wild growths, may be seized and summarily forfeited to the state.

(h) The failure, upon demand by the director, or his duly authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

(i) The director shall have the authority to enter upon any land or into any dwelling pursuant to a search warrant, to cut, harvest, carry off or destroy such plants described in subsection (g) of this section.

(j)(1) On or before March 31, 2019, and by March 31 of each year thereafter, each state, county, or local law enforcement agency in this state that has seized or forfeited property pursuant to this section shall retain the following information from the previous calendar year:

(A) Name of the law enforcement agency that seized the property;

(B) Date of seizure;

(C) Type and description of property seized, including make, model, year, and serial number, if applicable;

(D) Crime, if any, for which the suspect has been charged, including whether such crime is a violation of state or federal law;

(E) Criminal case number, if any;

(F) Outcome, if any, of suspect's case;

(G) If forfeiture was not processed under state law, the reason for the federal transfer, if known;

(H) Forfeiture case number;

(I) Date of forfeiture decision;

(J) Whether there was a forfeiture settlement agreement;

(K) Date and outcome of property disposition as described by one (1) of the following: returned to owner, partially returned to owner, sold, destroyed, or retained by law enforcement; and

(L) Value of the property forfeited based on the value realized, if sold, or a reasonable good faith estimate of the value, if possible.

(2) Local and county law enforcement agencies shall submit the information required by this subsection to the county prosecutor for its jurisdiction on a form as promulgated in rule by the Idaho state police, and such prosecutor shall retain the form for a period of seven (7) years.

(3) State, county, and local law enforcement agencies shall, by April 1 of each year, submit information described pursuant to this subsection relating to the previous calendar year to the state controller for storage, maintenance, and publication pursuant to section 67-1001, Idaho Code.

History:

[37-2744, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 11, p. 261; am. 1972, ch. 409, sec. 4, p. 1195; am. 1974, ch. 27, sec. 82, p. 811; am. 1980, ch. 388, sec. 4, p. 983; am. 1982, ch. 265, sec. 1, p. 680; am. 1983, ch. 218, sec. 3, p. 607; am. 1986, ch. 286, sec. 2, p. 712; am. 1988, ch. 47, sec. 3, p. 58; am. 1990, ch. 239, sec. 1, p. 676; am. 1990, ch. 312, sec. 1, p. 852; am. 1992, ch. 174, sec. 1, p. 546; am. 1994, ch. 285, sec. 1, p. 894; am. 1994, ch. 286, sec. 1, p. 900; am. 1999, ch. 218, sec. 1, p. 578; am. 2000, ch. 469, sec. 89, p. 1538; am. 2009, ch. 108, sec. 5, p. 350; am. 2014, ch. 78, sec. 1, p. 205; am. 2018, ch. 221, sec. 1, p. 494; am. 2020, ch. 14, sec. 2, p. 36; am. 2026, ch. 168, sec. 2, p. 791.]
Idaho Code § 37-2515 — Idaho Code / Title 37 / Chapter 25 / Section 37-2515
37-2515 SIGN OR LABEL ON CONTAINERS — CONTAINERS OF ONE GALLON OR LESS.
Status: in_force

37-2515. Sign or label on containers — Containers of one gallon or less. Except as provided in this act containers of reclaimed oil which is sold or offered for sale or delivery shall bear a superimposed sign or label of rectangular shape not less than four (4) by six (6) inches containing the words "reclaimed motor oil" or "lubricating oil, reclaimed" in red letters of gothic type over a white background with a stroke of not less than one-eighth inch (1/8") in width and not less than three-fourths inch (3/4") in height.

On all containers of reclaimed oil which is sold or offered for sale of one (1) gallon or less, a superimposed sign or label of rectangular shape of not less than two (2) by three (3) inches containing the words "reclaimed motor oil" or "lubricating oil, reclaimed," in red letters of gothic type over a white background with a stroke of not less than one-sixteenth inch (1/16") in width and not less than one-half inch (1/2") in height shall be sufficient.

Lubricants blended with re-refined/recycled oil shall be labeled as such. The size type on containers of one (1) gallon or less shall be at least one-eighth inch (1/8") high and on containers larger than one (1) gallon at least one-fourth inch (1/4") high.

History:

[37-2515, added 1951, ch. 237, sec. 2, p. 490; am. 1994, ch. 425, sec. 1, p. 1333.]
Idaho Code § 37-2736 — Idaho Code / Title 37 / Chapter 27 / Section 37-2736
37-2736 BAR TO PROSECUTION.
Status: in_force

ARTICLE IV

37-2736. Bar to prosecution. If a violation of this act is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.

History:

[I.C., sec. 37-2736, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2812 — Idaho Code / Title 37 / Chapter 28 / Section 37-2812
37-2812 JURISDICTION — DEPOSITIONS.
Status: in_force

37-2812. Jurisdiction — Depositions. The district courts of the state of Idaho shall have jurisdiction over:

(1) Property for which forfeiture is sought that is within the state at the time the action is filed; or

(2) The interest of a co-owner or interest holder in the property if the co-owner or interest holder is subject to personal jurisdiction in this state.

In order to facilitate the identification and location of property declared forfeited after the entry of an order declaring property forfeited to the state of Idaho, the court may, upon application of the state of Idaho, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 26 of the Idaho rules of civil procedure.

History:

[37-2812, added 1996, ch. 230, sec. 1, p. 756.]
Idaho Code § 37-1101 — Idaho Code / Title 37 / Chapter 11 / Section 37-1101
37-1101 ACQUISITION OF RAW MILK AND RAW MILK PRODUCTS.
Status: in_force

37-1101. ACQUISITION OF RAW MILK AND RAW MILK PRODUCTS. (1) The acquisition of raw milk or raw milk products from cows, sheep, or goats by an owner of such cows, sheep, or goats for use or consumption by the owner or members of the owner's household shall not constitute the sale or retail sale of raw milk or raw milk products and shall not be prohibited.

(2) The acquisition of raw milk or raw milk products from cows, sheep, or goats by an owner of a cow share, sheep share, or goat share for use or consumption by the owner or members of the owner's household shall not constitute the sale or retail sale of raw milk or raw milk products and shall not be prohibited. The owner of a cow share, sheep share, or goat share shall receive raw milk or raw milk products directly from the farm or dairy where the cow, sheep, goat, or dairy herd is located. Such farm or dairy shall be registered.

(3) Registration of a farm or dairy as required by subsection (2) of this section shall be accomplished by delivering to the Idaho state department of agriculture a written statement containing:

(a) The name of the farmer, farm or dairy;

(b) A valid, current address of the farmer, farm or dairy; and

(c) A statement that raw milk or raw milk products are being produced at the farm or dairy.

(4) Unless otherwise permitted by the Idaho state department of agriculture, it shall be unlawful to sell, offer for sale, or advertise for sale to any person or distribute to any restaurant or food establishment, grocery store, or farmers market any raw milk or raw milk products produced as provided in this section.

(5) No producer of raw milk or raw milk products as provided in this section shall publish any statement that implies approval or endorsement by the Idaho state department of agriculture.

(6) The Idaho state department of agriculture is charged with the responsibility of administration and enforcement of this chapter and is empowered to promulgate and enforce rules not inconsistent with this chapter.

(7) The Idaho state department of agriculture is authorized to issue a hold order to stop the distribution of raw milk or raw milk products when it is deemed necessary to protect human health.

History:

[37-1101, added 2010, ch. 359, sec. 1, p. 944; am. 2023, ch. 113, sec. 1, p. 330.]
Idaho Code § 37-2732B — Idaho Code / Title 37 / Chapter 27 / Section 37-2732B
37-2732B TRAFFICKING — MANDATORY SENTENCES.
Status: in_force

ARTICLE IV

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.

History:

[37-2732B, added 1992, ch. 336, sec. 1, p. 1005; am. 1995, ch. 58, sec. 1, p. 129; am. 1995, ch. 103, sec. 1, p. 331; am. 1998, ch. 168, sec. 1, p. 563; am. 1999, ch. 143, sec. 2, p. 410; am. 2002, ch. 186, sec. 1, p. 537; am. 2006, ch. 245, sec. 1, p. 749.]
Idaho Code § 37-2506 — Idaho Code / Title 37 / Chapter 25 / Section 37-2506
37-2506 QUALITY STANDARDS.
Status: in_force

37-2506. Quality standards. The standards of quality for motor gasoline, benzine, naphtha, grease, road oil, bituminous road products, fuel oil for heating purposes and diesel fuel shall be the latest specifications adopted by the American Society for Testing and Materials or other specifications adopted as standard by an Idaho governmental agency for its use, for those products. Motor oils shall conform to the latest viscosity classifications of the Society of Automotive Engineers. Motor oils falling outside those viscosity classifications shall not carry the SAE designation.

History:

[I.C., sec. 37-2506, as added by 1967, ch. 150, sec. 4, p. 338.]
Idaho Code § 37-402 — Idaho Code / Title 37 / Chapter 4 / Section 37-402
37-402 STANDARDS, RULES AND REGULATIONS.
Status: in_force

37-402. Standards, rules and regulations. The following standards, rules and regulations concerning the sanitation of milk and cream are hereby established:

1. The term "processor" as used herein shall mean any individual, partnership, association, or corporation doing business in the state of Idaho that produces, purchases, obtains or uses in the state of Idaho any milk or cream for use in the manufacture of butter, cheese, evaporated milk, frozen desserts, frozen novelties, edible dry milk, or other dairy products. The term "processor" shall not include any individual, partnership, association or corporation which produces, purchases, obtains, or uses milk or cream for his or its own consumption. The term "producer" as used in this act shall mean any person, firm or corporation who owns or controls one or more cows a part or all of the milk from which is sold or offered for sale to a processor.

2. No processor shall purchase or obtain in any manner, or use in any manner, for the sale or manufacture of any of the above named dairy products any unacceptable milk or cream as herein defined.

3. The processor shall, for the purpose of determining the acceptability or unacceptability of milk or cream, cause all milk or cream to be tested and graded according to the standards herein defined before purchase, acquisition, or use in any manner, provided, however, that where the processor customarily purchases the milk or cream of any person regularly engaged in the production thereof, the processor is required to test milk and cream of such producer not less than once each month by the standard sediment test approved bacteria test and an approved mastitic test, or such other test as may be prescribed by the director of the department of agriculture and when milk or cream from any such producer is found unacceptable as a result of either test, the processor shall thereafter test the milk or cream of such producer daily by the same test until it is found to be acceptable. Each such processor shall retain for at least one (1) year at the place where such milk or cream is received a record of such tests in the form and of the content which shall be prescribed by the department of agriculture and shall exhibit such record at the place where the same is kept whenever requested to do so by the producer or the department and shall permit copies thereof to be taken.

4. Milk or cream is unacceptable which does not meet the standards and comply with the regulations promulgated by the director under this act.

5. Any milk or cream which is unclean, unwholesome or unfit for human consumption, as determined by the department, shall be rejected as unacceptable.

6. When any milk or cream is rejected as unacceptable it shall be the duty of the director or his agent to notify all processors in the immediate area, giving the producer's name and address.

7. Following receipt of such notification no processor shall purchase, obtain or use milk or cream from such producer until notified by the director or his agent that milk or cream from such producer is acceptable or until the milk or cream of such producer has subsequently been found to be acceptable for ten (10) consecutive days after testing the same in the manner hereinabove described.

History:

[37-402, added 1943, ch. 85, sec. 2, p. 171; am. 1949, ch. 183, sec. 2, p. 385; am. 1951, ch. 240, sec. 1, p. 498; am. 1970, ch. 98, sec. 1, p. 245; am. 1974, ch. 18, sec. 249, p. 364; am. 1978, ch. 110, sec. 1, p. 228; am. 1986, ch. 101, sec. 3, p. 282.]
Idaho Code § 37-2704 — Idaho Code / Title 37 / Chapter 27 / Section 37-2704
37-2704 SCHEDULE I TESTS.
Status: in_force

ARTICLE II

37-2704. Schedule I tests. The board shall place a substance in schedule I if it finds that the substance:

(a) Has high potential for abuse; and

(b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

History:

[I.C., sec. 37-2704, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-1604 — Idaho Code / Title 37 / Chapter 16 / Section 37-1604
37-1604 PENALTIES.
Status: in_force

37-1604. penalties. (1) Any person found in violation of this chapter may be subject to a civil penalty by the Idaho department of agriculture of not more than five hundred dollars ($500) per violation.

(2) No civil penalty shall be assessed for a violation that is the result of a good-faith error, provided the violation is promptly corrected upon notice by the department.

(3) Enforcement under this section shall be directed to the manufacturer, producer, or person who labels or markets the cell-cultivated animal protein product, and not to a retailer or food establishment that does not alter the product labeling.

(4) Additional penalties for repeat offenses may be established by the Idaho department of agriculture through rulemaking, subject to legislative approval.

History:

[37-1604, added 2026, ch. 247, sec. 1, p. 1047.]
Idaho Code § 37-2712 — Idaho Code / Title 37 / Chapter 27 / Section 37-2712
37-2712 SCHEDULE V TESTS.
Status: in_force

ARTICLE II

37-2712. Schedule V tests. The board shall place a substance in schedule V if it finds that:

(a) The substance has low potential for abuse relative to the controlled substances listed in schedule IV;

(b) The substance has currently accepted medical use in treatment in the United States; and

(c) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in schedule IV.

History:

[I.C., sec. 37-2712, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-1522 — Idaho Code / Title 37 / Chapter 15 / Section 37-1522
37-1522 LICENSES.
Status: in_force

37-1522. Licenses. (a) No person shall act as a distributor of eggs in the state of Idaho without first obtaining a license therefor from the director for each physically separate establishment at which such business is conducted.

(b) No producer or distributor shall engage in candling eggs for official grade designation in the state of Idaho without first obtaining a license therefor from the director. Each producer or distributor who candles or assigns grades to eggs shall have or designate an individual candler who shall be responsible for making this determination.

(c) Each application for a license under this act shall be in writing upon forms prescribed by the director, and shall be accompanied by the annual license fee contemplated in section 37-1523, Idaho Code.

(d) Each license shall be in a form prescribed by the director and shall bear the license number assigned to each licensee.

(e) The license of a distributor shall be conspicuously displayed and posted at the separate establishment for which that license is issued. The license of an egg candler shall be conspicuously displayed and posted at the place of business where that egg candler is performing those services.

(f) The director shall refuse to issue a license to a distributor or egg candler who at the time of application therefor is not complying fully with the regulations and standards adopted, established and prescribed therefor under the provisions of this act; and shall be empowered to revoke or suspend a license issued to a distributor or egg candler upon determination of noncompliance with these regulations and standards or during the period of noncompliance with these regulations and standards.

History:

[37-1522, added 1963, ch. 143, sec. 4, p. 406; am. 1974, ch. 18, sec. 175, p. 364; am. 1982, ch. 26, sec. 2, p. 52.]
Idaho Code § 37-1602 — Idaho Code / Title 37 / Chapter 16 / Section 37-1602
37-1602 LABELING REQUIREMENTS FOR CELL-CULTIVATED ANIMAL PROTEINS.
Status: in_force

37-1602. LABELING REQUIREMENTS FOR CELL-CULTIVATED animal PROTEINS. (1) Any cell-cultivated animal protein product sold, distributed, or offered for sale within the state of Idaho shall include labeling with the phrase "lab-grown," "cell-cultivated," or "cell-cultured."

(2) The labeling shall:

(a) Appear on the principal display panel of the packaging; and

(b) Use a font size and style that ensures legibility to an average consumer and is at least equal in prominence to the product name.

(3) Restaurants or other vendors that offer for sale cell-cultivated animal proteins shall provide labeling on menus or equivalent notifications consistent with this section.

(4) A cell-cultivated animal protein product that is not derived from traditional livestock production or wild game harvest shall not be labeled, advertised, or marketed using terms commonly associated with specific meat cuts, including but not limited to "steak," "roast," "tri-tip," "loin," or "brisket," unless otherwise authorized by the United States department of agriculture.

History:

[37-1602, added 2026, ch. 247, sec. 1, p. 1047.]
Idaho Code § 37-114 — Idaho Code / Title 37 / Chapter 1 / Section 37-114
37-114 DEFINITIONS.
Status: in_force

37-114. Definitions. For the purpose of this act

(a) The term "board" means the state board of health and welfare and "director" means the director of the department of health and welfare.

(b) The term "person" includes individual, partnership, corporation, and association;

(c) The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article;

(d) The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals, and (4) articles intended for use as a component of any article specified in clause (1), (2) or (3), but does not include devices or their components, parts or accessories;

(e) The term "device" (except when used in paragraph (k) of this section and in section 37-115(g), 37-123(f), 37-127(b) and 37-130(c), Idaho Code) means instruments, apparatus and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals;

(f) The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap;

(g) The term "official compendium" means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

(h) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article, and a requirement made by or under authority of this act that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if there be any, of the retail package of such article, or is easily legible through the outside container or wrapper;

(i) The term "immediate container" does not include package liners;

(j) The term "labeling" means all labels and other written, printed or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article;

(k) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual;

(l) The term "advertisement" means all representations disseminated in any manner or by any means other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics;

(m) The representation of a drug in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body;

(n) The term "new drug" means (1) any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions;

(o) The term "contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations;

(p) The provisions of this act regarding the selling of food, drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale, and the sale, dispensing, and giving of any such article and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.

(q) The term "federal act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).

History:

[37-114, added 1959, ch. 153, sec. 2, p. 351; am. 1974, ch. 23, sec. 14, p. 633.]
Idaho Code § 37-315 — Idaho Code / Title 37 / Chapter 3 / Section 37-315
37-315 ADVERTISING SUBSTITUTES FOR DAIRY PRODUCTS.
Status: in_force

37-315. Advertising substitutes for dairy products. It shall be unlawful for any person, firm or corporation to make use of the words milk, cream, butter, cheese, creamery, dairy, churn, cow, the name of any dairy breed or any pictorial representation of any of these terms in connection with the sale, offering for sale or advertisement of any substance designed to be used as a so-called substitute for milk, cheese, butter or any other dairy products.

History:

[(37-315) 37-334, added 1921, ch. 149, sec. 1, p. 341; I.C.A., sec. 36-434; am. and redesig. 2014, ch. 275, sec. 34, p. 693.]
Idaho Code § 37-115 — Idaho Code / Title 37 / Chapter 1 / Section 37-115
37-115 PROHIBITED ACTS.
Status: in_force

37-115. Prohibited acts. The following acts and the causing thereof within the state of Idaho are hereby prohibited:

(a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

(b) The adulteration or misbranding of any food, drug, device, or cosmetic;

(c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

(d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 37-124 or 37-127;

(e) The dissemination of any false advertisement;

(f) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 37-133;

(g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state of Idaho from whom he received in good faith the food, drug, device, or cosmetic;

(h) The removal or disposal of a detained or embargoed article in violation of section 37-118;

(i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded;

(j) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this act;

(k) The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under section 37-128, or that such drug complies with the provisions of such section.

History:

[37-115, added 1959, ch. 153, sec. 3, p. 351.]
Idaho Code § 37-2751 — Idaho Code / Title 37 / Chapter 27 / Section 37-2751
37-2751 SHORT TITLE.
Status: in_force

ARTICLE VI

37-2751. Short title. This act may be cited as the "Uniform Controlled Substances Act."

History:

[I.C., sec. 37-2751, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2702 — Idaho Code / Title 37 / Chapter 27 / Section 37-2702
37-2702 AUTHORITY TO CONTROL.
Status: in_force

ARTICLE II

37-2702. Authority to control. (a) The board shall administer the regulatory provisions of this act and may add substances to or delete or reschedule all substances enumerated in the schedules in section 37-2705, 37-2707, 37-2709, 37-2711, or 37-2713, Idaho Code, pursuant to the procedures of chapter 52, title 67, Idaho Code. In making a determination regarding a substance, the board shall consider the following:

(1) The actual or relative potential for abuse;

(2) The scientific evidence of its pharmacological effect, if known;

(3) The state of current scientific knowledge regarding the substance;

(4) The history and current pattern of abuse;

(5) The scope, duration, and significance of abuse;

(6) The risk to the public health;

(7) The potential of the substance to produce psychic or physiological dependence liability; and

(8) Whether the substance is an immediate precursor of a substance already controlled under this article.

(b) After considering the factors enumerated in subsection (a) of this section, the board shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.

(c) If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under this act by promulgating a temporary rule or proposing a statutory amendment, or both, within thirty (30) days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty (30) day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this act by the board, control under this act is stayed until the board publishes its decision.

(e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.

History:

[37-2702, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 2, p. 261; am. 2017, ch. 4, sec. 1, p. 5.]
Idaho Code § 37-2711 — Idaho Code / Title 37 / Chapter 27 / Section 37-2711
37-2711 SCHEDULE IV.
Status: in_force

ARTICLE II

37-2711. Schedule IV. (a) Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

(1) No more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl- 3-methyl-2-propionoxybutane);

(3) Tramadol, including its salts, optical and geometric isomers, and salts of isomers.

(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Alfaxalone 5[alpha]-pregnan-3[alpha]-ol-11,20-dione;

(2) Alprazolam;

(3) Barbital;

(4) Brexanolone (allopregnanolone);

(5) Bromazepam;

(6) Camazepam;

(7) Carisoprodol;

(8) Chloral betaine;

(9) Chloral hydrate;

(10) Chlordiazepoxide;

(11) Clobazam;

(12) Clonazepam;

(13) Clorazepate;

(14) Clotiazepam;

(15) Cloxazolam;

(16) Daridorexant;

(17) Delorazepam;

(18) Diazepam;

(19) Dichloralphenazone;

(20) Estazolam;

(21) Ethchlorvynol;

(22) Ethinamate;

(23) Ethyl loflazepate;

(24) Fludiazepam;

(25) Flurazepam;

(26) Fospropofol;

(27) Halazepam;

(28) Haloxazolam;

(29) Ketazolam;

(30) Lemborexant;

(31) Loprazolam;

(32) Lorazepam;

(33) Lormetazepam;

(34) Mebutamate;

(35) Medazepam;

(36) Meprobamate;

(37) Methohexital;

(38) Methylphenobarbital (mephobarbital);

(39) Midazolam;

(40) Nimetazepam;

(41) Nitrazepam;

(42) Nordiazepam;

(43) Oxazepam;

(44) Oxazolam;

(45) Paraldehyde;

(46) Petrichloral;

(47) Phenobarbital;

(48) Pinazepam;

(49) Prazepam;

(50) Quazepam;

(51) Remimazolam;

(52) Suvorexant;

(53) Temazepam;

(54) Tetrazepam;

(55) Triazolam;

(56) Zaleplon;

(57) Zolpidem;

(58) Zopiclone;

(59) Zuranolone.

(d) Fenfluramine — Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible:

(1) Dexfenfluramine;

(2) Fenfluramine.

(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Cathine ((+)-norpseudoephedrine);

(2) Diethylpropion;

(3) Fencamfamin;

(4) Fenproporex;

(5) Lorcaserin;

(6) Mazindol;

(7) Mefenorex;

(8) Modafinil;

(9) Pemoline (including organometallic complexes and chelates thereof);

(10) Phentermine;

(11) Pipradrol;

(12) Serdexmethylpheniate;

(13) Sibutramine;

(14) SPA ((-)-1-dimethylamino-1,2-diphenylethane);

(15) Solriamfetol.

(f) Other substances. Unless specifically excepted, or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:

(1) Butorphanol (including its optical isomers);

(2) Eluxadoline (including its optical isomers and its salts, isomers, and salts of isomers);

(3) Pentazocine.

(g) The board may except, by rule, any compound, mixture, or preparation containing any depressant substance listed in subsection (c) of this section from the application of all or any part of this act if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

History:

[37-2711, added 1971, ch. 215, sec. 1, p. 939; am. 1977, ch. 234, sec. 4, p. 706; am. 1980, ch. 160, sec. 4, p. 347; am. 1981, ch. 102, sec. 3, p. 154; am. 1982, ch. 91, sec. 2, p. 167; am. 1984, ch. 160, sec. 4, p. 397; am. 1986, ch. 209, sec. 3, p. 540; am. 1988, ch. 190, sec. 3, p. 344; am. 1989, ch. 177, sec. 3, p. 435; am. 1989, ch. 197, sec. 1, p. 493; am. 1992, ch. 24, sec. 3, p. 77; am. 1996, ch. 36, sec. 3, p. 97; am. 1999, ch. 67, sec. 1, p. 177; am. 2010, ch. 117, sec. 4, p. 253; am. 2012, ch. 181, sec. 3, p. 481; am. 2014, ch. 33, sec. 2, p. 52; am. 2015, ch. 29, sec. 2, p. 65; am. 2017, ch. 4, sec. 4, p. 14; am. 2021, ch. 11, sec. 4, p. 28; am. 2022, ch. 47, sec. 3, p. 145; am. 2023, ch. 13, sec. 2, p. 59; am. 2025, ch. 8, sec. 3, p. 27; am. 2026, ch. 90, sec. 4, p. 492.]
Idaho Code § 37-503 — Idaho Code / Title 37 / Chapter 5 / Section 37-503
37-503 LICENSES — RETAIL VENDOR EXCEPTED — FEES — POSTING — DEFINITIONS.
Status: in_force

37-503. Licenses — Retail vendor excepted — Fees — Posting — Definitions. Every creamery, milk plant, shipping or cream buying station, milk condensing plant, cheese factory, mix making plant, ice cream factory, reprocessing plant, casein plant, powdered milk plant, or factory of milk products, or other person receiving or purchasing milk or cream in bulk other than a retail vendor of milk on the basis of volume, milk components or milk quality therein, shall annually obtain a license therefor. Such license shall be issued by the department upon being satisfied that the building, places, or premises where such milk or dairy products are to be received or purchased are maintained in a sanitary manner, and that a laboratory or enclosed test room is provided in which to test milk and cream, that ample light is provided therein, and that at all times the room is kept in a clean and sanitary condition, and upon payment of such license fee to the department according to the following schedule:

Milk condensery, one hundred dollars ($100), reprocessing plant, one hundred dollars ($100), creamery, fifty dollars ($50.00), cheese factory, twenty dollars ($20.00), ice cream factory, twenty dollars ($20.00), mix making plant, twenty dollars ($20.00), casein plant, twenty dollars ($20.00), milk powder plant, thirty dollars ($30.00), cream buying or shipping station, fifteen dollars ($15.00). When one (1) or more kinds of dairy products are being manufactured by the same firm on the same premises, this shall be construed to require that a separate license be procured for each kind of product manufactured and sold. The license, when issued, shall be posted in a conspicuous place in the plant for which issued.

The term "creamery" shall mean any place, building or structure wherein milk or cream is manufactured into butter for sale.

The term "milk plant" shall mean any place, building or structure wherein milk is received for bottling, pasteurizing, clarifying or otherwise processing.

The term "shipping or cream buying station" shall mean any place where milk or cream is delivered by the producers to a buyer, not a manufacturer, or to the agent or representative of a manufacturer or processor of dairy products for shipment or transportation to such manufacturer or processor.

The term "milk condensing plant" shall mean any place, building or structure wherein milk is condensed or processed by removing a considerable portion of the water or other milk constituents normally contained therein.

The term "cheese factory" shall mean any place, building or structure wherein milk is manufactured into cheese.

The term "ice cream factory" shall mean any place, building or structure wherein milk or cream, regardless of butterfat content, and with or without other constituents, shall be manufactured into a frozen or semifrozen product for human consumption and for sale at wholesale or retail. This term shall not include "frozen dessert machines."

The term "frozen dessert machine" shall mean the freezer or other device by which the liquid ingredients for frozen dessert are frozen to a solid or semisolid consistency and are discharged, expelled or drawn off for sale at retail.

The term "mix making plant" shall mean any place, building or structure wherein milk or cream, with or without other constituents, shall be mixed or processed for resale to ice cream factories; provided, that any duly licensed ice cream factory may carry on, as a part of its business, the business of mix making plant without being required to pay therefor, additional license for so doing.

The term "reprocessing plant" shall mean any place, building or structure wherein a dairy product is mixed, dried, shredded, packaged or further processed into a dairy product. A reprocessing plant does not include retail stores, restaurants or similar institutions.

The term "casein plant" shall mean any place, building or structure wherein casein is manufactured for sale.

The term "powdered milk plant" shall mean any place, building or structure wherein milk or any product of milk is processed by evaporating or removing therefrom the water or moisture contained therein to a point where the product may be handled as a dry product. A powdered milk plant also includes a facility wherein dry milk products are blended or processed into other milk products.

History:

[(37-503) 1925, ch. 224, sec. 8, p. 435; am. 1927, ch. 98, sec. 1, p. 127; am. 1929, ch. 233, sec. 1, p. 455; I.C.A., sec. 36-703; am. 1937, ch. 147, sec. 1, p. 240; am. 1941, ch. 134, sec. 1, p. 266; am. 1947, ch. 160, sec. 1, p. 412; am. 1967, ch. 124, sec. 1, p. 282; am. 1982, ch. 6, sec. 1, p. 9; am. 1992, ch. 93, sec. 15, p. 300; am. 2011, ch. 115, sec. 2, p. 315.]
Idaho Code § 37-409 — Idaho Code / Title 37 / Chapter 4 / Section 37-409
37-409 MILK HAULERS AND TANKS — DEFINITIONS.
Status: in_force

37-409. Milk haulers and tanks — Definitions. As used in this act, unless the context clearly requires otherwise, the following definitions are adopted:

(1) The term "milk hauler" is the operator of a transportation tank and may be an employee or the owner of the equipment.

(2) The term "farm tank" is a tank used to cool and/or store milk prior to transportation to the processing plant.

(3) The terms "transportation tank," "bulk tank" and "feeder tank" mean tanks used to transport milk from a farm to a processing plant.

(4) The term "chlorine" shall mean chlorine, or other type of sanitizer approved by the director of the department of agriculture.

History:

[(37-409) I.C., sec. 37-408, as added by 1961, ch. 295, sec. 1, p. 522; am. 1965, ch. 20, sec. 1, p. 33; am. 1974, ch. 18, sec. 253, p. 364.]
Idaho Code § 37-410 — Idaho Code / Title 37 / Chapter 4 / Section 37-410
37-410 STANDARDS FOR HOLDING AND COOLING TANKS.
Status: in_force

37-410. Standards for holding and cooling tanks. The following standards are hereby adopted relating to farm holding and/or cooling tanks:

A. Each producer desiring to install a farm holding and/or cooling tank shall obtain approval from the director of the department of agriculture of the state of Idaho or his duly authorized representative, and shall furnish the following information to said director:

1. Tank make, model, and capacity.

2. A sketch (approximately to scale) of the milk room floor plan showing location of tank, outlet of tank, wall opening for milk conductor tubing, other milk house equipment and access area for tank truck approach.

B. The milk house and/or milk room shall have a concrete floor of smooth finish easily cleanable.

C. Farm tanks and all equipment used in connection therewith shall comply with the Sanitary Standards Symbol Administrative Council, 3A standards in effect at the time of the passage of this act.

D. The farm tank shall be located in the milk room so as to provide not less than thirty-six inches (36") clearance on all working sides of the tank, provided, however, that in the case of producers using tanks at the time of the enactment of this act clearances as specified above may be waived by the director if the producer demonstrates his ability to keep the interior and exterior surfaces of the tank and the walls and floors of the milk house in a clean condition. All tanks shall be located so as to provide at least six (6) inches of clearance between the floor and bottom of tanks, except that a four (4) inch minimum clearance is acceptable if the bottom slopes upward at least six (6) inches in a horizontal distance of twelve (12) inches. Remote compressors which are located in milk rooms shall be so installed as to be easily cleanable. Floor drains shall be trapped and shall not be located under the farm tank.

E. A fixed, properly encased opening not less than six (6) inches above the floor of the milk house or the outside loading platform, whichever is higher, shall be provided in an exterior wall of the milk house on the side closest to the tank outlet to accommodate the milk conductor tubing used to pump the milk from the farm tank to the truck tank. Such openings shall not be less than six (6) inches or more than eight (8) inches in size and shall be provided with a flat, tight, self-closing device.

F. When electricity is the motive power for the milk transport tank milk pump, a lock type electrical connection with ground and weatherproof type receptacle located on the outside of the building with a switch box located on the inside of the building shall be provided.

G. Water for washing farm tanks shall be from an approved supply and shall be under pressure. Hoses for washing the milk house and the bulk tank shall be used for no other purpose and be stored on a rack convenient to the bulk tank. An automatic hot water storage tank (pressure type) shall be provided and shall be not less than thirty (30) gallons capacity and equipped with a thermostat capable of maintaining water temperature at least 140 Fahrenheit. Extra capacity, higher temperature, or both shall be provided for CIP installations, off peak heating, and milk house heating or other hot water usages. Gas heaters, if used, shall be properly vented.

H. Adequate evenly distributed artificial light, not placed directly over the tank, shall be provided and shall be so located that cleaning will be easily accomplished. Adequate lighting may be obtained by providing two (2) one hundred fifty (150) watt flood lamps about one (1) foot from the ends of the tank and a one hundred (100) watt bulb over the wash vats.

I. Farm tanks shall be protected from overhead contamination.

J. All outside openings shall be screened and self-closing doors shall open outward.

K. The truck approach shall be properly graded and surfaced to prevent pooling of water at the point of loading. Adequate artificial light shall be provided to illuminate this area to facilitate loading during hours when natural light is insufficient. This area shall be provided with a concrete slab or an asphalt surface of sufficient size to effectively protect the milk conducting hose from contamination.

L. Cleaning and bactericidal treatment shall conform to regulations adopted by the department of agriculture. Farm tanks shall be thoroughly cleaned after each use, and then prior to the next milking exposed to two hundred (200) parts per million (1,000,000) of residual chlorine. In cases where farm tanks are equipped with removable drop pipes, a vat large enough and low enough for the washing and sanitizing of this equipment shall be provided. Chemical sprayers are recommended for sanitizing farm tanks and if utilized, shall be used for no other purpose.

M. Indicating thermometers on all farm tanks shall be kept in proper operating condition. The driver shall possess an accurate approved type thermometer to enable him to check the indicating thermometers of the farm bulk tanks. The department of agriculture, using an approved type thermometer, shall check, periodically, the indicating thermometer on farm bulk tanks to determine its accuracy.

N. Abnormal milk, adulterated milk and milk containing objectionable odors shall not be added to the farm tank. The sampler and/or tester shall check the milk for abnormalities before pumping the milk to the tank truck. The entire supply of milk in the farm tank shall be rejected if such milk is detected.

O. Bulk cooling tanks shall be designed and equipped with refrigeration to permit the cooling of the milk to 40 Fahrenheit or lower within two (2) hours after each milking, and maintain it at 45 Fahrenheit or below until picked up.

P. All steps necessary shall be employed to prevent the contamination of milk handled through bulk farm pick up. This shall pertain to all phases of this type of milk handling. The bulk farm tank and accessories shall be used for no other purpose than the handling of milk and the operations incident thereto.

History:

[(37-410) I.C., sec. 37-409, as added by 1961, ch. 295, sec. 2, p. 522; 1967, ch. 66, sec. 2, p. 148; am. 1974, ch. 18, sec. 254, p. 364; am. 1976, ch. 359, sec. 1, p. 1176; am. 1986, ch. 101, sec. 4, p. 284.]
Idaho Code § 37-2709 — Idaho Code / Title 37 / Chapter 27 / Section 37-2709
37-2709 SCHEDULE III.
Status: in_force

ARTICLE II

37-2709. Schedule III. (a) Schedule III shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.

(b) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, (whether optical, positional, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in schedule II which compounds, mixtures, or preparations were listed as excepted compounds under 21 CFR 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances.

(2) Benzphetamine;

(3) Chlorphentermine;

(4) Clortermine;

(5) Phendimetrazine.

(c) Depressants. Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Any compound, mixture or preparation containing the following substances or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule:

i. Amobarbital;

ii. Secobarbital;

iii. Pentobarbital.

(2) Any suppository dosage form containing the following substances or any salt of any of these drugs and approved by the food and drug administration for marketing only as a suppository:

i. Amobarbital;

ii. Secobarbital;

iii. Pentobarbital.

(3) Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof, including, but not limited to:

i. Aprobarbital;

ii. Butabarbital (secbutabarbital);

iii. Butalbital, excluding drug products exempted by the federal drug enforcement administration (DEA);

iv. Butobarbital (butethal);

v. Talbutal;

vi. Thiamylal;

vii. Thiopental;

viii. Vinbarbital.

(4) Chlorhexadol;

(5) Embutramide;

(6) Any drug product containing gamma hydroxybutyric acid (GHB), including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the federal food, drug, and cosmetic act;

(7) Ketamine, its salts, isomers, and salts of isomers.

(8) Lysergic acid;

(9) Lysergic acid amide (LSA, LAA);

(10) Methyprylon;

(11) Perampanel, and its salts, isomers and salts of isomers;

(12) Sulfondiethylmethane;

(13) Sulfonethylmethane;

(14) Sulfonmethane;

(15) Tiletamine and zolazepam or any salt thereof.

(d) Nalorphine.

(e) Narcotic drugs. Unless specifically excepted or unless listed in another schedule:

(1) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

i. Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

ii. Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

iii. Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

iv. Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

v. Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;

vi. Not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(2) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts, as set forth below:

i. Buprenorphine.

ii. [Reserved].

(f) Anabolic steroids and human growth hormones. Any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins and corticosteroids) that promotes muscle growth including any salt, ester or isomer of a drug or substance listed in this subsection, if that salt, ester or isomer promotes muscle growth.

(1) 13beta-ethyl-17beta-hydroxygon-4-en-3-one;

(2) 17alpha-methyl-3alpha, 17beta-dihydroxy-5alpha-androstane;

(3) 17alpha-methyl-3beta, 17beta-dihydroxy-5alpha-androstane;

(4) 17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-ene;

(5) 17alpha-methyl-4-hydroxynandrolone;

(6) 17alpha-methyl-5alpha-androstan-17beta-ol;

(7) 17alpha-methyl-androst-2-ene-3,17beta-diol;

(8) 17alpha-methyl-androsta-1,4-diene-3,17beta-diol;

(9) 17alpha-methyl-androstan-3-hydroxyimine-17beta-ol;

(10) 17alpha-methyl-delta1-dihydrotestosterone;

(11) 17beta-hydroxy-androstano[ 3,2-c]isoxazole;

(12) 17beta-hydroxy-androstano[2,3-d]isoxazole;

(13) 18alpha-homo-3-hydroxy-estra-2,5(10)-dien-17-one;

(14) 19-nor-4-androstenediol;

(15) 19-nor-4-androstenedione;

(16) 19-nor-4,9(10)-androstadienedione;

(17) 19-nor-5-androstenediol;

(18) 19-nor-5-androstenedione;

(19) 1-androstenediol;

(20) 1-androstenedione;

(21) 2alpha,17alpha-dimethyl-17beta-hydroxy-5beta-androstan-3-one;

(22) 2alpha,3alpha-epithio-17alpha-methyl-5alpha-androstan-17beta-ol;

(23) [3,2-c]furazan-5alpha-androstan-17beta-ol;

(24) [3,2-c]pyrazole-androst-4-en-17beta-ol;

(25) 3alpha,17beta-dihydroxy-5alpha-androstane;

(26) 3beta,17beta-dihydroxy-5alpha-androstane;

(27) 3beta-hydroxy-estra-4,9,11-trien-17-one;

(28) 4-androstenediol;

(29) 4-androstenedione;

(30) 4-chloro-17alpha-methyl-androsta-1,4-diene-3,17beta-diol;

(31) 4-chloro-17alpha-methyl-androst-4-ene-3beta,17beta-diol;

(32) 4-chloro-17alpha-methyl-17beta-hydroxy-androst-4-en-3-one;

(33) 4-chloro-17alpha-methyl-17beta-hydroxy-androst-4-ene-3,11-dione;

(34) 4-hydroxy-19-nortestosterone;

(35) 4-hydroxy-androst-4-ene-3,17-dione;

(36) 4-hydroxytestosterone;

(37) 5alpha-androstan-3,17-dione;

(38) 5alpha-androstan-3,6,17-trione;

(39) 5-androstenediol;

(40) 5-androstenedione;

(41) 6alpha-methyl-androst-4-ene-3,17-dione;

(42) 6-bromo-androsta-1,4-diene-3,17-dione;

(43) 6-bromo-androstan-3,17-dione;

(44) Androstenedione;

(45) Bolasterone;

(46) Boldenone;

(47) Boldione;

(48) Calusterone;

(49) Chlorotestosterone (4-chlorotestosterone);

(50) Clostebol;

(51) Dehydrochlormethyltestosterone;

(52) Delta1-dihydrotestosterone (1-testosterone);

(53) Desoxymethyltestosterone (madol);

(54) Dihydrotestosterone (4-dihydrotestosterone);

(55) Drostanolone;

(56) Estra-4,9,11-triene-3,17-dione;

(57) Ethylestrenol;

(58) Fluoxymesterone;

(59) Formebolone;

(60) Furazabol;

(61) Human growth hormones;

(62) Mestanolone;

(63) Mesterolone;

(64) Methandienone;

(65) Methandranone;

(66) Methandriol;

(67) Methandrostenolone;

(68) Methasterone;

(69) Methenolone;

(70) Methyldienolone;

(71) Methyltestosterone;

(72) Methyltrienolone;

(73) Mibolerone;

(74) Nandrolone;

(75) Norbolethone;

(76) Norclostebol;

(77) Norethandrolone;

(78) Normethandrolone;

(79) Oxandrolone;

(80) Oxymesterone;

(81) Oxymetholone;

(82) Prostanozol;

(83) Stanolone;

(84) Stanozolol;

(85) Stenbolone;

(86) Testolactone;

(87) Testosterone;

(88) Testosterone cypionate;

(89) Testosterone enanthate;

(90) Testosterone propionate;

(91) Tetrahydrogestrinone;

(92) Trenbolone.

Anabolic steroids that are expressly intended for administration through implants or injection to cattle or other nonhuman species, and that are approved by the federal Food and Drug Administration for such use, shall not be classified as controlled substances under this act and shall not be governed by its provisions.

In addition to the penalties prescribed in article IV of the uniform controlled substances act, any person shall be guilty of a felony who prescribes, dispenses, supplies, sells, delivers, manufactures or possesses with the intent to prescribe, dispense, supply, sell, deliver or manufacture anabolic steroids or any other human growth hormone for purposes of enhancing performance in an exercise, sport or game or hormonal manipulation intended to increase muscle mass, strength or weight without a medical necessity as determined by a physician.

(g) Hallucinogenic substances.

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in the federal Food and Drug Administration approved product.

(h) The board may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsection (b) or (c) of this section from the application of all or any part of this act if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

History:

[37-2709, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 4, p. 261; am. 1977, ch. 234, sec. 3, p. 703; am. 1980, ch. 160, sec. 3, p. 345; am. 1982, ch. 91, sec. 1, p. 166; am. 1984, ch. 160, sec. 3, p. 395; am. 1992, ch. 24, sec. 2, p. 75; am. 1996, ch. 36, sec. 2, p. 94; am. 2000, ch. 110, sec. 2, p. 245; am. 2003, ch. 185, sec. 2, p. 503; am. 2006, ch. 203, sec. 1, p. 620; am. 2010, ch. 117, sec. 3, p. 249; am. 2012, ch. 181, sec. 2, p. 477; am. 2014, ch. 33, sec. 1, p. 48; am. 2015, ch. 29, sec. 1, p. 62; am. 2017, ch. 4, sec. 3, p. 10; am. 2019, ch. 24, sec. 2, p. 33; am. 2025, ch. 8, sec. 2, p. 23; am. 2026, ch. 90, sec. 3, p. 488.]
Idaho Code § 37-411 — Idaho Code / Title 37 / Chapter 4 / Section 37-411
37-411 STANDARDS FOR TRANSPORTATION TANKS.
Status: in_force

37-411. Standards for transportation tanks. The following standards are hereby adopted relating to transportation tanks:

A. The transportation tank and accessories in the milk handling operation shall comply with the requirements of the Sanitary Standards Symbol Administrative Council, 3A standards for transportation tanks existing at the time of the passage of this act.

B. Suitable facilities, including hot and cold running water, detergent, brushes, sanitizers, and sanitizing equipment, a concrete floor with proper drainage and waste disposal shall be provided for washing and sanitizing of transportation tanks. Unless the truck is to be used within a few hours of the washing operation the sanitizing of the tank shall be omitted until just before the tank truck is to be used. During the interim the tank truck shall be protected from contamination by closing port holes, etc. Since the tank truck may be sanitized on a different date and at a different time from cleaning and washing operation, a tag shall provide space for recording this information. The washing, sanitizing and maintenance of the transportation tank and accessories shall be the responsibility of the processor or milk hauler. The department of agriculture shall be informed in writing designating the person responsible for the cleaning, sanitizing and maintenance of the transportation tank.

C. The transportation tank and all accessories shall be thoroughly rinsed after each usage and shall be thoroughly cleaned and sanitized daily and the tank tagged and sealed with a tag attached indicating that the tank has been washed and/or sanitized. This tag shall also contain the name of the person doing the work and the date on which the work was done. The tag shall be removed by the hauler at his first pickup and shall be retained at the receiving plant for a minimum of thirty (30) days.

D. Single length, durable, non-toxic, flexible milk conductor tubing shall be used for conveying milk from the farm tank to the transportation tank. The inside diameter of milk conductor tubing shall not be less than one and three-eighths (1 3/8) inches. If two (2) lengths of tubing are used, they shall be connected either by the use of sanitary couplings or a piece of 3A sanitary tubing with clamps which can be removed without tools. The connections between the pump and the vehicle tank, and between the pump and the milk conductor tubing shall remain assembled except when dismantled for cleaning. The open end of the milk tubing shall be capped with an approved protective cap at all times except when loading or unloading. The outlet valve, milk pump and the milk conductor tubing and samples shall be inclosed in a properly drained, insulated, dust tight cabinet.

E. The transportation tank and the accessories shall be used for no other purpose than the handling of milk unless such other use is approved by the department of agriculture.

History:

[(37-411) I.C., sec. 37-410, as added by 1961, ch. 295, sec. 3, p. 522; am. 1967, ch. 66, sec. 3, p. 148; am. 1986, ch. 101, sec. 5, p. 285.]
Idaho Code § 37-208 — Idaho Code / Title 37 / Chapter 2 / Section 37-208
37-208 RECORDKEEPING.
Status: in_force

37-208. recordkeeping. (1) A producer or designated agent operating pursuant to this chapter shall, except as provided by subsection (2) of this section, maintain records of transactions that identify the type and quantity of product sold, the date of the sale, the date of production, where the homemade food product was produced, and where each ingredient was produced or acquired.

(2) Producers or designated agents operating pursuant to section 37-207, Idaho Code, shall maintain the written contract or bill of sale evidencing an animal share agreement as a record.

(3) Producers who utilize a designated agent shall name the designated agent in the records for each transaction that the designated agent conducted.

(4) Records shall be retained by the producer or designated agent for a period of at least two (2) years from the date on the record.

(5) Records required to be kept pursuant to this section shall be considered confidential records that are not subject to disclosure pursuant to chapter 1, title 74, Idaho Code, and shall not be disclosed or surrendered to any state agency, political subdivision, or health district except in the event of a confirmed foodborne illness investigation.

(6) A producer or designated agent who maintains and provides records in good faith pursuant to this section shall not be held civilly liable for any subsequent use, resale, or misuse of the product by the informed end consumer or any other third party.

(7) If, during an investigation of a foodborne illness, the department finds that a producer or designated agent has not maintained the recordkeeping required by this section, the producer or designated agent may be subject to a fine not to exceed five hundred dollars ($500).

(8) Nothing in this section shall be construed to require routine reporting, inspection, or submission of records absent a confirmed foodborne illness investigation.

History:

[37-208, added 2026, ch. 91, sec. 1, p. 506.]
Idaho Code § 37-1204 — Idaho Code / Title 37 / Chapter 12 / Section 37-1204
37-1204 PENALTIES.
Status: in_force

37-1204. Penalties. Any person, partnership, firm or corporation violating, or who shall fail to comply with, the preceding sections, or any part, provision, or section thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10.00) and not exceeding three hundred dollars ($300.00), or by imprisonment in the county jail for a period of not exceeding six (6) months, or both such fine and imprisonment.

History:

[37-1204, added 1949, ch. 44, sec. 4, p. 77.]
Idaho Code § 37-2806 — Idaho Code / Title 37 / Chapter 28 / Section 37-2806
37-2806 INSTITUTION OF PROCEEDINGS — THIRD PARTIES.
Status: in_force

37-2806. Institution of proceedings — Third parties. Upon the filing of a part II forfeiture request pursuant to section 37-2804, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 37-2801, Idaho Code, the attorney general or appropriate prosecuting attorney shall, if appropriate, institute proceedings pursuant to sections 37-2807 or 37-2808, Idaho Code, or both, within five (5) days of such event.

History:

[37-2806, added 1996, ch. 230, sec. 1, p. 751.]
Idaho Code § 37-2741 — Idaho Code / Title 37 / Chapter 27 / Section 37-2741
37-2741 ADMINISTRATIVE INSPECTIONS AND WARRANTS.
Status: in_force

ARTICLE V

37-2741. Administrative inspections and warrants. (a) Issuance and execution of administrative inspection warrants shall be as follows:

(1) A magistrate, within his jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this act or rules hereunder, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this act or rules hereunder, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant;

(2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:

(A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

(B) Be directed to a person authorized by section 37-2740, Idaho Code, to execute it;

(C) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

(D) Identify the item or types of property to be seized, if any;

(E) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned;

(3) A warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;

(4) The judge or magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the court in the county in which the inspection was made.

(b) The board may make administrative inspections of controlled premises in accordance with the following provisions:

(1) For purposes of this section only, "controlled premises" means:

(A) Places where persons registered or exempted from registration requirements under this act are required to keep records; and

(B) Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this act are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.

(2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the board, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

(3) When authorized by an administrative inspection warrant, an officer or employee designated by the board may:

(A) Inspect and copy records required by this act to be kept;

(B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (b)(5) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this act; and

(C) Inventory any stock of any controlled substance therein and obtain samples thereof;

(4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with chapter 52, title 67, Idaho Code, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

(A) If the owner, operator, or agent in charge of the controlled premises consents;

(B) In situations presenting imminent danger to health or safety;

(C) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(D) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

(E) In all other situations in which a warrant is not constitutionally required;

(5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

History:

[I.C., sec. 37-2741, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-305 — Idaho Code / Title 37 / Chapter 3 / Section 37-305
37-305 ENFORCEMENT.
Status: in_force

37-305. Enforcement. The director of the department of agriculture may bring civil actions to enjoin violations of this chapter or rules promulgated to implement the provisions of this chapter.

History:

[37-305, added 2014, ch. 275, sec. 5, p. 688.]
Idaho Code § 37-2735A — Idaho Code / Title 37 / Chapter 27 / Section 37-2735A
37-2735A DRUG HOTLINE FEE.
Status: in_force

ARTICLE IV

37-2735A. Drug hotline fee. In addition to any other penalties, a person convicted of a violation of this chapter shall be subject to an additional fine of ten dollars ($10.00) to be deposited in the drug and driving while under the influence enforcement donation fund, as set forth in section 57-816, Idaho Code, to be used for the purposes designated in that section.

History:

[37-2735A, added 2006, ch. 113, sec. 1, p. 308; am. 2009, ch. 108, sec. 4, p. 350.]
Idaho Code § 37-512 — Idaho Code / Title 37 / Chapter 5 / Section 37-512
37-512 TESTING AND GRADING WHEN PURCHASE-PRICE BASED ON MILK FAT OR BUTTER FAT CONTENT.
Status: in_force

37-512. Testing and grading when purchase-price based on milk fat or butter fat content. All buyers of cream or milk, who purchase milk or cream at a purchase price based upon or determined by the milk fat or butter fat content thereof, shall maintain at the plant, creamery, station or factory where such milk or cream is being received, a person licensed by the department of agriculture to test and grade milk and cream.

History:

[(37-512) I.C.A., sec. 36-711A, as added by 1947, ch. 160, sec. 5, p. 412.]
Idaho Code § 37-2802 — Idaho Code / Title 37 / Chapter 28 / Section 37-2802
37-2802 PROPERTY SUBJECT TO FORFEITURE.
Status: in_force

37-2802. Property subject to forfeiture. "Property" subject to criminal forfeiture under this chapter includes:

(1) Real property, including things growing on, affixed to, or found on the land; and

(2) Tangible and intangible personal property, including rights, privileges, interests, claims and securities.

History:

[37-2802, added 1996, ch. 230, sec. 1, p. 750.]
Idaho Code § 37-2744A — Idaho Code / Title 37 / Chapter 27 / Section 37-2744A
37-2744A REAL PROPERTY SUBJECT TO FORFEITURE.
Status: in_force

ARTICLE V

37-2744A. Real property subject to forfeiture. (a) Any real property, including any interest therein and any appurtenances thereto or improvements thereon, which is used in any manner or part, to commit or to facilitate the commission of a violation of the provisions of this chapter punishable by more than one (1) year of imprisonment, shall be subject to forfeiture under the provisions of this section.

(b) Property subject to forfeiture under the provisions of this section may be seized by the director upon determining that a parcel of property is subject to forfeiture, by filing a notice of forfeiture with the recorder of the county in which the property or any part thereof is situated. The notice must contain a legal description of the property sought to be forfeited; provided, however, that in the event the property sought to be forfeited is part of a greater parcel, the director may, for the purposes of this notice, use the legal description of the greater parcel. The director shall also send by certified mail a copy of the notice of forfeiture to any persons holding a recorded interest or of whose interest the director has actual knowledge. The director shall post a similar copy of the notice conspicuously upon the property and publish a copy thereof once a week for three (3) consecutive weeks immediately following the seizure in a newspaper published in the county. The owner or party in lawful possession of the property sought to be forfeited may retain possession and use thereof and may collect and keep income from the property while the forfeiture proceedings are pending.

(c) In the event of a seizure pursuant to subsection (a) of this section, a complaint instituting forfeiture proceedings under subsection (d) of this section shall be filed in the district court in the county in which the real property is situated within ninety (90) days of the date of seizure. The complaint shall be served in the same manner as other complaints subject to the Idaho rules of civil procedure on all persons having an interest in the real property sought to be forfeited.

(d) Real property sought to be forfeited under the provisions of this section shall not be subject to an action for detainer or any other collateral action, but is deemed to be in the custody of the director subject only to the orders and decrees of the district court having jurisdiction over the forfeiture proceedings. Forfeiture proceedings shall be civil proceedings in which the burden of proof shall be on the director to prove by a preponderance of the evidence that the property sought to be forfeited is subject to forfeiture. Upon being satisfied that an owner or claimant as defined in paragraph (4) of this subsection should not be subjected to forfeiture because that person had no knowledge or reason to believe that the real property was being used or had been used for the purposes alleged by the department, the director shall release the property to the owner or other claimant. The procedure applicable to such cases shall be the same as that prescribed by the Idaho rules of civil procedure. Following service the director may, where appropriate, seek default judgment pursuant to the Idaho rules of civil procedure. If an answer is filed the court shall proceed to set the case for hearing before the court without a jury.

(1) Following the hearing, if the court finds that the property is subject to forfeiture pursuant to subsection (a) of this section the court shall order the property forfeited to the director and title shall vest as of the date of the original seizure.

(2) Following the hearing, if the court finds that the property is not subject to forfeiture pursuant to subsection (a) of this section, the court shall order the property released to the owner or owners thereof.

(3) Any owner who has an answer on file may show by competent evidence that his interest in the property sought to be forfeited is not subject to forfeiture because he could not have known in the exercise of reasonable diligence that the real property was being used, or had been used in any manner in violation of the provisions of this section. If the court finds that the property was not used in violation of the provisions of this section or is not subject to forfeiture under the provisions of this section, the court shall order the property released to the owner.

(4) An owner, co-owner or claimant of any right, title or interest in the real property sought to be forfeited may prove that his right, title or interest, whether under a lien, mortgage, or otherwise, was created without any knowledge or reason to believe that the real property was being used or had been used for the purposes alleged by the department;

(A) In the event of such proof, the court shall order the real property released to the innocent owner, purchaser, lienholder or mortgagee.

(B) If the amount due to such person is less than the value of the real property, the real property may be sold in a commercially reasonable manner by the director. The proceeds from such sale shall be distributed as follows in the order indicated:

(i) To the innocent owner, purchaser or mortgagee of the real property, if any, up to the value of his interest in the real property.

(ii) The balance, if any, in the following order:

1. To the director for all expenditures made or incurred by the department in connection with the sale, including expenditure for any necessary repairs or maintenance of the real property, and for all expenditures made or incurred by the department in connection with the forfeiture proceedings including, but not limited to, expenditures for witnesses' fees, reporters' fees, transcripts, printing, travel, investigation, title company fees and insurance premiums.

2. The remainder, if any, to the director for credit to the drug enforcement donation account.

(C) In any case, the director may, within thirty (30) days after judgment, pay the balance due to the innocent owner, purchaser, lienholder or mortgagee and thereby purchase the real property for use in the enforcement of this act.

(e) In issuing any order under the provisions of this section, the court shall make a determination that the property, or a portion thereof, was actually used in violation of the provisions of this act. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this section.

(f) When property is forfeited under the provisions of this section the director may:

(1) Retain it for official use; or

(2) Sell the property in a commercially reasonable manner. The proceeds shall be distributed by the director as follows:

(A) To reimburse for all expenditures made or incurred in connection with the sale, including expenditures for any necessary repairs or maintenance, and for all expenditures made or incurred in connection with the forfeiture proceedings including, but not limited to, expenditures for attorneys' fees, title company fees, insurance premiums, recording costs, witnesses' fees, reporters' fees, transcripts, printing, travel and investigation.

(B) The remainder, if any, shall be credited to the drug enforcement donation account.

(3) Recommend to the court that the property, or proceeds thereof, be forfeited in whole or in part to a city or county, the law enforcement agency of which participated in the events leading to the seizure of the property or proceeds. Property distributed pursuant to this recommendation shall be used by the city or county for purposes consistent with the provisions of this chapter.

History:

[37-2744A, added 1989, ch. 341, sec. 2, p. 863; am. 1994, ch. 395, sec. 1, p. 1251.]
Idaho Code § 37-2727 — Idaho Code / Title 37 / Chapter 27 / Section 37-2727
37-2727 CONTROLLED SUBSTANCES IN OPIOID (NARCOTIC) TREATMENT PROGRAMS.
Status: in_force

ARTICLE III

37-2727. Controlled substances in opioid (narcotic) treatment programs. (1) At a facility with a controlled substance registration certificate issued by the United States department of justice, drug enforcement administration, for the operation of a narcotic treatment program, a nurse licensed under chapter 14, title 54, Idaho Code, may, pursuant to a valid order of a physician licensed under chapter 18, title 54, Idaho Code:

(a) Prepare and administer to a patient at that facility a controlled substance whether or not a practitioner is present; and

(b) Deliver at that facility to a patient for subsequent use by the patient off-site, take-home doses of a controlled substance, provided that:

(i) The patient is entitled to receive take-home doses of the controlled substance;

(ii) The take-home doses delivered by the nurse to the patient were obtained at the facility by the nurse from a locked storage area suitable to prevent unauthorized access and to ensure a proper environment for preservation of the drugs within such area; and

(iii) The take-home doses were prepared pursuant to a valid prescription drug order of the physician and were provided in a suitable container appropriately labeled for use by the patient.

(2) A nurse acting under the authority of this section is exempt from the registration requirements imposed by this chapter.

(3) The facility must be registered under chapter 17, title 54, Idaho Code.

History:

[37-2727, added 2007, ch. 250, sec. 1, p. 735; am. 2018, ch. 36, sec. 8, p. 74.]
Idaho Code § 37-2513 — Idaho Code / Title 37 / Chapter 25 / Section 37-2513
37-2513 DISPOSITION OF FINES.
Status: in_force

37-2513. Disposition of fines. All fines, exclusive of costs, collected by any of the courts of this state, as penalties, for the violation of this chapter or any of its provisions, shall be paid by the proper officers of said court to the state treasurer of the state of Idaho.

History:

[(37-2513) 1917, ch. 124, sec. 14, p. 414; reen. C.L. 65:128; C.S., sec. 1795; I.C.A., sec. 36-1613.]
Idaho Code § 37-2811 — Idaho Code / Title 37 / Chapter 28 / Section 37-2811
37-2811 BAR ON INTERVENTION.
Status: in_force

37-2811. Bar on intervention. Except as provided in sections 37-2807 and 37-2808, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may:

(1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this chapter; or

(2) Commence an action at law or equity against the state of Idaho concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this chapter.

History:

[37-2811, added 1996, ch. 230, sec. 1, p. 756.]
Idaho Code § 37-514 — Idaho Code / Title 37 / Chapter 5 / Section 37-514
37-514 TESTING WITHOUT LICENSE — SEPARATE OFFENSES.
Status: in_force

37-514. Testing without license — Separate offenses. The testing of each lot of milk or cream by an unlicensed person shall constitute a separate offense.

History:

[(37-514) 1925, ch. 224, sec. 12, p. 435; I.C.A., sec. 36-713.]
Idaho Code § 37-2750 — Idaho Code / Title 37 / Chapter 27 / Section 37-2750
37-2750 UNIFORMITY OF INTERPRETATION.
Status: in_force

ARTICLE VI

37-2750. Uniformity of interpretation. This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.

History:

[I.C., sec. 37-2750, as added by 1971, ch. 215, sec. 1, p. 939.]
Idaho Code § 37-2514 — Idaho Code / Title 37 / Chapter 25 / Section 37-2514
37-2514 RECLAIMED OIL DEFINED.
Status: in_force

37-2514. Reclaimed oil defined. Reclaimed oil as used in this act is defined as any lubricating oil or motor oil which has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached to or connected thereto, or for any other lubricating purpose and includes any lubricating or motor oil which after such use has been re-run, filtered, redistilled, settled or reprocessed in any manner.

History:

[37-2514, added 1951, ch. 237, sec. 1, p. 490.]
Idaho Code § 37-318 — Idaho Code / Title 37 / Chapter 3 / Section 37-318
37-318 LICENSE REQUIREMENTS FOR MANUFACTURERS OF FOOD PRODUCTS MADE TO RESEMBLE DAIRY PRODUCTS.
Status: in_force

37-318. License requirements for manufacturers of food products made to resemble dairy products. (1) It is unlawful to engage in the manufacture of food products resembling dairy products, unless a license for the current calendar year for each separate plant or place used for such business is issued by the director of the Idaho department of agriculture.

(2) Applications for a license shall be in the form which shall be prescribed by the director of the Idaho department of agriculture.

(3) The application shall be accompanied by a fee of one hundred dollars ($100). The fee shall be prorated on a monthly basis for any licensee that commences operations after the first quarter in any calendar year whether or not such plant was licensed during the preceding calendar year.

(4) Plant licenses are not required if the plant is located in a state other than Idaho.

(5) The director of the Idaho department of agriculture shall issue to each applicant that meets the requirements of this section, a license which entitles the applicant to manufacture, sell, or distribute food products resembling dairy products for the then current calendar year for which the license is issued, unless the license is sooner revoked or suspended.

(6) The license shall expire at the end of each calendar year.

(7) It is unlawful for any person to sell any food product resembling dairy products which has been produced in a plant that is in an unsanitary condition.

(8) The manufacture of food products resembling dairy products under unhealthful or unsanitary conditions or which violate the provisions of sections 37-315 through 37-318, Idaho Code, and rules or regulations adopted pursuant thereto, shall be grounds for revocation or suspension of such license.

History:

[(37-318) 37-334e, added 1987, ch. 7, sec. 6, p. 11; am. and redesig. 2014, ch. 275, sec. 37, p. 694.]
Idaho Code § 37-2809 — Idaho Code / Title 37 / Chapter 28 / Section 37-2809
37-2809 PROPORTIONALITY.
Status: in_force

37-2809. Proportionality. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this chapter.

History:

[37-2809, added 1996, ch. 230, sec. 1, p. 755.]
Idaho Code § 37-601 — Idaho Code / Title 37 / Chapter 6 / Section 37-601
37-601 SHORT TITLE.
Status: in_force

37-601. Short title. This chapter shall be known and cited as the "Dairy Environmental Control Act."

History:

[37-601, added 2014, ch. 284, sec. 1, p. 720.]
Idaho Code § 37-2745 — Idaho Code / Title 37 / Chapter 27 / Section 37-2745
37-2745 BURDEN OF PROOF — LIABILITIES.
Status: in_force

ARTICLE V

37-2745. Burden of proof — Liabilities. (a) It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under the provisions of this act. The burden of proof of any exemption or exception is upon the person claiming it.

(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration, valid prescription, or order form issued under the provisions of this act, he is presumed not to be the holder of the registration, valid prescription or form. The burden of proof is upon him to rebut the presumption.

(c) In all prosecutions under the provisions of this act involving the analysis of a controlled substance or a sample thereof, a certified copy of the analytical report with the notarized signature of the bureau chief of the Idaho forensic laboratory and the criminalist who conducted the analysis shall be accepted as prima facie evidence of the results of the analytical findings.

(d) Notwithstanding any statute or rule to the contrary, the defendant may subpoena the criminalist to testify at the preliminary hearing and trial of the issue at no cost to the defendant.

(e) No liability is imposed under the provisions of this act upon any authorized state, county or municipal officer, engaged in the lawful performance of his duties.

History:

[I.C., sec. 37-2745, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 12, p. 261; am. 1993, ch. 158, sec. 1, p. 408.]
Idaho Code § 37-118 — Idaho Code / Title 37 / Chapter 1 / Section 37-118
37-118 TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BEING ADULTERATED OR MISBRANDED — EMBARGO AND CONDEMNATION UNDER CERTAIN CONDITIONS AND BY CERTAIN PROCEDURES.
Status: in_force

37-118. Tagging and detention of article or product suspected of being adulterated or misbranded — Embargo and condemnation under certain conditions and by certain procedures. (a) Whenever a duly authorized agent of the director finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.

(b) When an article detained or embargoed under subsection (a) of this section has been found by such agent to be adulterated or misbranded, he shall petition the probate court or district court in the county in whose jurisdiction the article is detained or embargoed for a libel for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.

(c) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree be destroyed at the expense of the claimant thereof, under the supervision of such agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the director. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article on representation to the court by the director that the article is no longer in violation of this act, and that the expenses of such supervision have been paid.

(d) Whenever the director or any of the director's authorized agents shall find in any room, building, vehicle of transportation, or other structure, any meat, sea food, poultry, vegetable, fruit, or other perishable articles that are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the director or the director's authorized agent shall forthwith condemn or destroy the same, or in any other manner render the same unsaleable as human food.

(e) Whenever the director or the director's duly authorized agent shall find, or have probable cause to believe, that any food, drug, device, or cosmetic is offered or exposed for sale, or held in possession with intent to distribute or sell, or is intended for distribution or sale in violation of any provision of this act, whether it is in the custody of a common carrier or any other person, the director may affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, in violation of this act, and has been embargoed. Within seven (7) days after an embargo has been placed on any article, the embargo shall be removed by the director or a summary proceeding for the confiscation of the article shall be instituted by the director. No person shall remove or dispose of such embargoed article by sale or otherwise without the permission of the director or agent; or after summary proceedings have been instituted, without permission from the court. If the embargo shall be removed by the director or by the court, neither the director nor the state shall be held liable for damages because of such embargo in the event that the court shall find that there was probable cause for the embargo.

(f) Such proceeding shall be by complaint, verified by affidavit, which may be made on information and belief in the name of the director or agent against the article to be confiscated.

(g) The complaint shall contain: (1) a particular description of the article, (2) the name of the place where the article is located, (3) the name of the person in whose possession or custody the article was found, if such name be known to the person making the complaint or can be ascertained by reasonable effort, and (4) a statement as to the manner in which the article is adulterated or misbranded or the characteristics which render its distribution or sale illegal.

(h) Upon the filing of the verified complaint, the court shall issue a warrant directed to the proper officer to seize and take in his possession the article described in the complaint and bring the same before the court who issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the article, to appear at the time and place therein specified.

(i) Any such person shall be summoned by service of a copy of the warrant in the same manner as a summons issuing out of the court in which the warrant has been issued.

(j) The hearing on the complaint shall be at the time and place specified in the warrant, which time shall not be less than five (5) days or more than fifteen (15) days from the date of issuing the warrant, but, if the execution and service of the warrant has been less than three (3) days before the return of the warrant, either party shall be entitled to a reasonable continuance. Upon the hearing, the complaint may be amended.

(k) Any person who shall appear and claim the food, drug, device, or cosmetic seized under the warrant shall be required to file a claim in writing.

(l) If, upon the hearing, it shall appear that the article was offered or exposed for sale, or was in possession with intent to distribute or sell, or was intended for distribution or sale, in violation of any provision of this act, it shall be confiscated and disposed of by destruction or sale as the court may direct, but no such article shall be sold contrary to any provision of this act. The proceeds of any sale, less the legal costs and charges, shall be paid into the state treasury.

(m) This section shall not apply to food products produced, processed, packaged, or sold pursuant to chapter 2, title 37, Idaho Code. A food product shall not be deemed adulterated, misbranded, or otherwise in violation of this chapter solely because it is produced, processed, packaged, or sold pursuant to chapter 2, title 37, Idaho Code.

History:

[37-118, added 1959, ch. 153, sec. 6, p. 351; am. 1974, ch. 23, sec. 17, p. 633; am. 2026, ch. 91, sec. 5, p. 508.]
Idaho Code § 37-127 — Idaho Code / Title 37 / Chapter 1 / Section 37-127
37-127 DRUGS OR DEVICES DEEMED MISBRANDED.
Status: in_force

37-127. Drugs or devices deemed misbranded. A drug or device shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular.

(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; Provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board.

(c) If any word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(d) If it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyete, or sulphonmethane, or any chemical derivative of such substance, which derivative has been by the board after investigation, found to be, and by regulations under this act, designated as habit forming, unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning–May be habit forming."

(e) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears (1) the common or usual name of the drug, if such there be; and (2), in case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acotphenetidin, amidapyrine, anti-pyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis glucosines, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any substances, contained therein: Provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the board.

(f) Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form, as are necessary for the protection of users: Provided, that where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the board shall promulgate regulations exempting such drug or device from such requirements.

(g) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: Provided, that the method of packing may be modified with the consent of the board. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States, and not to those of the United States Pharmacopoeia.

(h) If it has been found by the board to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the board shall by regulations require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the board shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements.

(i) (1) If it is a drug and its container is so made, formed, or filled as to be misleading; or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug.

(j) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.

(k) If it is a drug sold at retail and quantity of aminopyrine, barbituric acid, cinchophen, dinitrophenol, sulfanilamide or their derivatives, or any other drug which has been found by the board to be dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof, and so designated by the board in a regulation adopted; unless it is sold on a written prescription signed by a member of the medical, osteopathic, chiropodial, dental, or veterinary profession who is licensed by law to administer such drug, and its label bears the name and place of business of the seller, the serial number and date of such prescription, and the name of such member of the medical, osteopathic, chiropodial, dental, or veterinary profession.

(l) A drug sold on a written prescription signed by a member of the medical, osteopathic, chiropodial, dental, or veterinary profession (except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail) shall be exempt from the requirements of this section if–(1) such member of the medical, osteopathic, chiropodial, dental, or veterinary profession is licensed by law to administer such drug, and (2) such drug bears a label containing the name and place of business of the seller, the serial number and date of such prescription, and the name of such member of the medical, osteopathic, chiropodial, dental, or veterinary profession.

History:

[37-127, added 1959, ch. 153, sec. 15, p. 351.]
Idaho Code § 37-3304 — Idaho Code / Title 37 / Chapter 33 / Section 37-3304
37-3304 PENALTIES.
Status: in_force

37-3304. Penalties. A person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor.

History:

[37-3304, added 2006, ch. 95, sec. 1, p. 269.]
Idaho Code § 37-306 — Idaho Code / Title 37 / Chapter 3 / Section 37-306
37-306 DEPARTMENT TO COOPERATE WITH OTHER AGENCIES.
Status: in_force

37-306. Department to cooperate with other agencies. The department of agriculture is hereby authorized to advise and assist and to cooperate with the federal government or any of its agencies, other departments, agencies and institutions of this state, counties, school districts, and municipalities and other public and private welfare agencies, in the exercise of any of the powers and duties of the department under this chapter.

History:

[37-306, added 2014, ch. 275, sec. 7, p. 688.]
Idaho Code § 37-2516 — Idaho Code / Title 37 / Chapter 25 / Section 37-2516
37-2516 PRODUCT BLENDED WITH RECLAIMED OIL.
Status: in_force

37-2516. Product blended with reclaimed oil. If any reclaimed oil is used in blending or compounding in any other petroleum product sold or offered for sale or delivery the fact of such blending or compounding shall be indicated on all containers in the manner required by this act for containers of reclaimed oil.

Lubricants blended with re-refined/recycled oil shall be labeled as such. The size type on containers of one (1) gallon or less shall be at least one-eighth (1/8) inch high and on containers larger than one (1) gallon at least one-fourth (1/4) inch high.

History:

[37-2516, added 1951, ch. 237, sec. 3, p. 490; am. 1994, ch. 425, sec. 2, p. 1333.]
Idaho Code § 37-124 — Idaho Code / Title 37 / Chapter 1 / Section 37-124
37-124 CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.
Status: in_force

37-124. Contamination of food with microorganisms — Permit regulations — Access to factory. (a) Whenever the director finds after investigation that the distribution in Idaho of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered commerce, he then, and in such case only, shall prescribe regulations providing for the issuance, to manufacturers, processors, or packers of such class of food in such locality, of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health; and after the effective date of such regulations, and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the director as provided by such regulations.

(b) The director is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of such permit, and the director shall, immediately after prompt hearing and an inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.

(c) Any officer or employee duly designated by the director shall have access to any factory or establishment, the operator of which holds a permit from the director for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for such inspection shall be ground for suspension of the permit until such access is freely given by the operator.

History:

[37-124, added 1959, ch. 153, sec. 12, p. 351; am. 1974, ch. 23, sec. 20, p. 633.]
Idaho Code § 37-2701 — Idaho Code / Title 37 / Chapter 27 / Section 37-2701
37-2701 DEFINITIONS.
Status: in_force

ARTICLE I

37-2701. Definitions. As used in this chapter:

(a) "Administer" means the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:

(1) A practitioner or, in his presence, by his authorized agent; or

(2) The patient or research subject at the direction and in the presence of the practitioner.

(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

(c) "Board" means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency.

(d) "Bureau" means the drug enforcement administration, United States department of justice, or its successor agency.

(e) "Controlled substance" means a drug, substance or immediate precursor in schedules I through VI of article II of this chapter.

(f) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

(g) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(h) "Director" means the director of the Idaho state police.

(i) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery.

(j) "Dispenser" means a practitioner who dispenses.

(k) "Distribute" means to deliver other than by administering or dispensing a controlled substance.

(l) "Distributor" means a person who distributes.

(m) "Division" means the Idaho division of occupational and professional licenses.

(n) "Drug" means: (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.

(o) "Drug paraphernalia" means all equipment, products and materials of any kind used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; however, testing equipment used, intended for use, or designed for use in identifying whether a controlled substance contains fentanyl, a fentanyl analog, or any derivative thereof shall not be considered drug paraphernalia;

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(ii) Water pipes;

(iii) Carburetion tubes and devices;

(iv) Smoking and carburetion masks;

(v) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(vi) Miniature cocaine spoons and cocaine vials;

(vii) Chamber pipes;

(viii) Carburetor pipes;

(ix) Electric pipes;

(x) Air-driven pipes;

(xi) Chillums;

(xii) Bongs;

(xiii) Ice pipes or chillers;

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1. Statements by an owner or by anyone in control of the object concerning its use;

2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

3. The proximity of the object, in time and space, to a direct violation of this chapter;

4. The proximity of the object to controlled substances;

5. The existence of any residue of controlled substances on the object;

6. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;

7. Instructions, oral or written, provided with the object concerning its use;

8. Descriptive materials accompanying the object that explain or depict its use;

9. National and local advertising concerning its use;

10. The manner in which the object is displayed for sale;

11. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

12. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

13. The existence and scope of legitimate uses for the object in the community;

14. Expert testimony concerning its use.

(p) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or under the jurisdiction of an agency of the United States.

(q) "Immediate precursor" means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

(r) "Isomer" means the optical isomer, except as used in section 37-2705(d), Idaho Code.

(s) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full-time or part-time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

(t) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:

(1) By a practitioner as an incident to his administering, dispensing or, as authorized by board rule, distributing of a controlled substance in the course of his professional practice; or

(2) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for delivery.

(u) "Marijuana" or "marihuana" means all parts of the plant of the genus Cannabis, regardless of species, and whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include:

(1) Industrial hemp or hemp possessed, grown, transported, farmed, produced, processed, or possessed by any other entity engaged in hauling, transporting, delivering, or otherwise moving hemp in interstate or intrastate commerce pursuant to a license granted under the provisions of the 2014 farm bill, the 2018 farm bill, 7 CFR 990.1 et seq., or the approved state plan for the state of Idaho. "Industrial hemp" or "hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a measured total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight or volume basis that shall determine the total delta-9 tetrahydrocannabinol (THC) concentration, including both delta-9 tetrahydrocannabinol and delta-9 tetrahydrocannabinolic acid (THCA) evaluated by decarboxylation during analysis, or by measuring each compound and calculating the total percentage of delta-9 tetrahydrocannabinol if the THCA was decarboxylated, which must not exceed three-tenths of one percent (0.3%).

(2) The mature stalks of the plant genus Cannabis unless the same are intermixed with prohibited parts thereof, fiber produced from the stalks, oil or cake made from the seeds or the achene of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom or where the same are intermixed with prohibited parts of such plant, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

Evidence that any plant material or the resin or any derivative thereof, regardless of form, that does not meet the definition of "industrial hemp" or "hemp" as provided in this section, or that is possessed without a license granted under the provisions of the 2014 farm bill, the 2018 farm bill, 7 CFR 990.1 et seq., or the approved state plan for the state of Idaho, contains any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is "marijuana" as defined and prohibited herein. "Marijuana" does not include drug product in finished dosage formulation that has been approved by the United States food and drug administration that contains: (i) cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol), derived from cannabis and no more than one-tenth of one percent (0.1%) (w/w) residual tetrahydrocannabinols; or (ii) nabiximols.

(v) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

(2) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in clause (1), but not including the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(w) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under section 37-2702, Idaho Code, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

(x) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.

(y) "Peace officer" means any duly appointed officer or agent of a law enforcement agency, as defined herein, including but not limited to a duly appointed investigator or agent of the Idaho state police, an officer or an employee of the board of pharmacy who is authorized by the board to enforce this chapter, an officer of the Idaho state police, a sheriff or deputy sheriff of a county, or a marshal or policeman of any city.

(z) "Person" means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

(aa) "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing.

(bb) "Practitioner" means:

(1) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of his professional practice or research in this state;

(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of its professional practice or research in this state.

(cc) "Prescribe" means a direction or authorization permitting an ultimate user to lawfully obtain or be administered controlled substances.

(dd) "Prescriber" means an individual currently licensed, registered or otherwise authorized to prescribe and administer controlled substances in the course of professional practice.

(ee) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

(ff) "Simulated controlled substance" means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance. Appearance includes, but is not limited to, color, shape, size, and markings of the dosage unit. Representation includes, but is not limited to, representations or factors of the following nature:

(1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

(2) Statements made to the recipient that the substance may be resold for inordinate profit; or

(3) Whether the substance is packaged in a manner normally used for illicit controlled substances.

(gg) "State," when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America.

(hh) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household.

(ii) "Utility" means any person, association, partnership or corporation providing telephone and/or communication services, electricity, natural gas or water to the public.

History:

[37-2701, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 1, p. 261; am. 1974, ch. 27, sec. 78, p. 811; am. 1975, ch. 196, sec. 1, p. 545; am. 1980, ch. 388, sec. 1, p. 977; am. 1982, ch. 169, sec. 1, p. 442; am. 1983, ch. 218, sec. 1, p. 599; am. 1989, ch. 266, sec. 1, p. 646; am. 1995, ch. 116, sec. 23, p. 399; am. 1999, ch. 280, sec. 1, p. 696; am. 2000, ch. 469, sec. 84, p. 1528; am. 2010, ch. 118, sec. 2, p. 257; am. 2014, ch. 79, sec. 1, p. 211; am. 2015, ch. 25, sec. 1, p. 30; am. 2021, ch. 11, sec. 1, p. 15; am. 2021, ch. 35, sec. 1, p. 78; am. 2021, ch. 242, sec. 2, p. 738; am. 2022, ch. 22, sec. 1, p. 53; am. 2024, ch. 68, sec. 1, p. 334.]
Idaho Code § 37-2705 — Idaho Code / Title 37 / Chapter 27 / Section 37-2705
37-2705 SCHEDULE I.
Status: in_force

ARTICLE II

37-2705. Schedule I. (a) The controlled substances listed in this section are included in schedule I.

(b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) Acetyl-alpha-methylfentanyl ;

(2) Acetylmethadol;

(3) Acetyl fentanyl;

(4) Acryl fentanyl;

(5) Allylprodine;

(6) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or LAAM);

(7) Alphameprodine;

(8) Alphamethadol;

(9) Alpha'-methyl butyryl fentanyl;

(10) Alpha-methylfentanyl;

(11) Alpha-methylthiofentanyl ;

(12) Benzethidine;

(13) Betacetylmethadol;

(14) Beta-hydroxyfentanyl ;

(15) Beta-hydroxythiofentanyl;

(16) Beta-hydroxy-3-methylfentanyl ;

(17) Betameprodine;

(18) Betamethadol;

(19) Beta-methyl fentanyl;

(20) Beta-methylacetyl fentanyl;

(21) Beta'-phenyl fentanyl;

(22) Betaprodine;

(23) Brorphine;

(24) Butonitazene;

(25) Clonitazene;

(26) Crotonyl fentanyl;

(27) Cyclopentyl fentanyl;

(28) Cyclopropyl fentanyl;

(29) Dextromoramide;

(30) Diampromide;

(31) Diethylthiambutene;

(32) Difenoxin;

(33) Dimenoxadol;

(34) Dimepheptanol;

(35) 2′,5′-Dimethoxyfentanyl;

(36) Dimethylthiambutene;

(37) Dioxaphetyl butyrate;

(38) Dipipanone;

(39) Ethylmethylthiambutene;

(40) Etodesnitazene (Etazene);

(41) Etonitazene;

(42) Etoxeridine;

(43) Fentanyl-related substances. "Fentanyl-related substances" means any substance not otherwise listed and for which no exemption or approval is in effect under section 505 of the federal food, drug, and cosmetic act, 21 U.S.C. 355, and that is structurally related to fentanyl by one (1) or more of the following modifications:

i. Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

ii. Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

iii. Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;

iv. Substitution in or on the aniline ring or replacement of the aniline ring with any aromatic monocycle, whether or not further substituted in or on the aromatic monocycle; and/or

v. Replacement of the N-propionyl group by another acyl group;

(44) Fentanyl carabamate;

(45) Flunitazene;

(46) 4-Fluoroisobutyryl fentanyl;

(47) 2′-fluoro ortho-fluorofentanyl;

(48) Furanyl fentanyl;

(49) 3-Furanyl fentanyl;

(50) Furethidine;

(51) Hydroxypethidine;

(52) Isobutyryl fentanyl;

(53) Isovalery fentanyl;

(54) Isotonitazene;

(55) Ketobemidone;

(56) Levomoramide;

(57) Levophenacylmorphan;

(58) Meta-fluorofentanyl;

(59) Meta-fluorofuranyl fentanyl;

(60) Meta-fluoroisobutyryl fentanyl;

(61) Methoxyacetyl fentanyl;

(62) 2-Methyl AP-237;

(63) 4′-methyl acetyl fentanyl;

(64) 3-Methylfentanyl;

(65) 3-methylthiofentanyl (and optical and geometric isomers of 3-methylthiofentanyl);

(66) Metodesnitazene;

(67) Metonitazene;

(68) Morpheridine;

(69) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

(70) MT-45 (1-cyclohexyl-4- (1,2-diphenylethyl)piperazine);

(71) Para-chloroisobutyrl fentanyl;

(72) Noracymethadol;

(73) Norlevorphanol;

(74) Normethadone;

(75) Norpipanone;

(76) N-desethyl isotonitazene;

(77) N-piperidinyl etonitazene;

(78) N-pyrrolidino etonitazene;

(79) Ocfentanil;

(80) Ortho-chlorofentanyl;

(81) Ortho-fluoroacryl fentanyl;

(82) Ortho-fluorobutyrl fentanyl;

(83) Ortho-fluorofentanyl;

(84) Ortho-fluorofuranyl fentanyl;

(85) Ortho-fluoroisobutyryl fentanyl;

(86) Ortho-methyl acetylfentanyl;

(87) Ortho-methylcyclopropylfentanyl;

(88) Ortho-methyl methoxyacetyl fentanyl;

(89) Para-chlorofentanyl;

(90) Para-chloroisobutyryl fentanyl;

(91) Para-fluorobutyryl fentanyl;

(92) Para-fluorofentanyl;

(93) Para-fluoro furanyl fentanyl;

(94) Para-fluoro valeryl fentanyl;

(95) Para-methoxybutyryl fentanyl;

(96) Para-methoxyfuranyl fentanyl;

(97) Para-methylcyclopropyl fentanyl;

(98) Para-methylfentanyl;

(99) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(100) Phenadoxone;

(101) Phenampromide;

(102) Phenomorphan;

(103) Phenoperidine;

(104) Phenyl fentanyl;

(105) Piritramide;

(106) Proheptazine;

(107) Properidine;

(108) Propiram;

(109) Protonitazene;

(110) Racemoramide;

(111) Tetrahydrofuranyl fentanyl;

(112) Tetrahydrothiofuranyl fentanyl;

(113) Thiofentanyl;

(114) Tilidine;

(115) Trimeperidine;

(116) u-47700 (3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide);

(117) Valeryl fentanyl;

(118) Zipeprol.

(c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Morphine methylbromide;

(16) Morphine methylsulfonate;

(17) Morphine-N-Oxide;

(18) Myrophine;

(19) Nicocodeine;

(20) Nicomorphine;

(21) Normorphine;

(22) Pholcodine;

(23) Thebacon.

(d) Hallucinogenic substances. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subsection only, the term "isomer" includes the optical, position and geometric isomers):

(1) Dimethoxyphenethylamine, or any compound not specifically excepted or listed in another schedule that can be formed from dimethoxyphenethylamine by replacement of one (1) or more hydrogen atoms with another atom(s), functional group(s) or substructure(s) including, but not limited to, compounds such as DOB, DOC, 2C-B, 25B-NBOMe;

(2) Methoxyamphetamine or any compound not specifically excepted or listed in another schedule that can be formed from methoxyamphetamine by replacement of one (1) or more hydrogen atoms with another atom(s), functional group(s) or substructure(s) including, but not limited to, compounds such as PMA and DOM;

(3) 5-methoxy-3,4-methylenedioxy-amphetamine;

(4) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);

(5) Amphetamine or methamphetamine with a halogen substitution on the benzyl ring, including compounds such as fluorinated amphetamine and fluorinated methamphetamine;

(6) 3,4-methylenedioxy amphetamine (MDA);

(7) 3,4-methylenedioxymethamphetamine (MDMA);

(8) 3,4-methylenedioxy-N-ethylamphetamine ( N-ethyl MDA, MDE, MDEA);

(9) N-hydroxy-3,4-methylenedioxyamphetamine ( N-hydroxy MDA);

(10) 3,4,5-trimethoxy amphetamine;

(11) 5-methoxy-N,N-dimethyltryptamine ( 5-MeO-DMT);

(12) Alpha-ethyltryptamine ( etryptamine, AET);

(13) Alpha-methyltryptamine (AMT);

(14) Bufotenine;

(15) Diethyltryptamine (DET);

(16) Dimethyltryptamine (DMT);

(17) Ibogaine;

(18) Lysergic acid diethylamide (LSD);

(19) Marihuana (marijuana);

(20) Mescaline;

(21) Methoxetamine;

(22) Parahexyl;

(23) Peyote;

(24) N-ethyl-3-piperidyl benzilate;

(25) N-methyl-3-piperidyl benzilate;

(26) Para-methoxymethamphetamine (PMMA);

(27) Psilocybin;

(28) Psilocyn;

(29) Tetrahydrocannabinols or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following:

i. Tetrahydrocannabinols, except for the permitted amount of tetrahydrocannabinol found in industrial hemp, or nabiximols in a drug product approved by the United States food and drug administration:

a. ∆ 1 cis or trans tetrahydrocannabinol, and their optical isomers, excluding dronabinol in sesame oil and encapsulated in either a soft gelatin capsule or in an oral solution in a drug product approved by the U.S. Food and Drug Administration.

b. ∆ 6 cis or trans tetrahydrocannabinol, and their optical isomers.

c. ∆ 3,4 cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.)

d. [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-o1)], also known as 6aR-trans-3-(1,1-dimethylheptyl)-6a,7,10,10a-tetrahydro-1-hydroxy-6,6-dimethyl-6H-dibenzo[b,d]pyran-9-methanol (HU-210) and its geometric isomers (HU211 or dexanabinol).

ii. The following synthetic drugs:

a. Any compound structurally derived from (1H-indole-3-yl)(cycloalkyl, cycloalkenyl, aryl)methanone, or (1H-indole-3-yl)(cycloalkyl, cycloalkenyl, aryl)methane, or (1H-indole-3-yl)(cycloalkyl, cycloalkenyl, aryl, methyl or dimethyl butanoate, amino-methyl (or dimethyl)-1-oxobutan-2-yl) carboxamide by substitution at the nitrogen atoms of the indole ring or carboxamide to any extent, whether or not further substituted in or on the indole ring to any extent, whether or not substituted to any extent in or on the cycloalkyl, cycloalkenyl, aryl ring(s) (substitution in the ring may include, but is not limited to, heteroatoms such as nitrogen, sulfur and oxygen).

b. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 H-indazole-3-carboxamide (5F-AB-PINACA).

c. N-ethylpentylone (ephylone).

d. 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1 H-indazole-3-carboxamide (4-cn-cumyl-BUTINACA).

e. 5-pentyl-2-(2-phenylpropan-2-yl)pyrido[4,3-b]indol-1-one (Cumyl Pegaclone).

f. Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3carboxamido)-3,3-dimethylbutanoate (5F-EDMB-PINACA).

g. Ethyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (5F-EDMB-PICA).

h. (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3tetramethylcyclopropyl)methanone (FUB-144).

i. 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (5f-cumyl-pinaca; SGT-25).

j. (1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2.3-B]pyridine-3-carboxamide(5fcumyl-P7AICA).

k. FUB-AMB, MMB- FUBINACA (Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate.

l. MMB-FUBICA (Methyl 2-(1-(4-Fluorobenzyl)-1H-Indole-3-carboxamido)-3-methyl butanoate).

m. Methyl 3,3-dimethyl-2-((1-(pent-4-en-1-yl)-1H-indazole-3-carboxamido)butanoate (MDMB-4EN-PINACA).

n. Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (MMB-CHMICA, AMB-CHMICA).

o. Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (MDMB-CHMICA, MMB-CHMINACA).

p. Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido-3,3-dimethylbutanoate (MDMB-FUBINACA).

q. Methyl 2-[[1-(4-Fluorobutyl)Indole-3-Carbonyl]Amino]-3,3-Dimethyl-Butanoate (4F-MDMB-BUTICA, 4F-MDMB-BICA).

r. Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (5F-MDMB-PICA, 5F-MDMB-2201).

s. Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (5F-ADB, 5F-MDMB-PINACA).

t. Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (5F-AMB).

u. N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1H-Indazole-3-carboxamide (ADB-BUTINACA).

v. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (ADB-FUBINACA).

w. N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-en-1-yl)-1H-indazole-3-carboxamide (ADB-4EN-PINACA).

x. N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (FUB-AKB48; FUB-APINACA).

y. N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-APINACA, 5F-AKB48).

z. N-(1-amino-3-methyl-1-oxobutan-2-yl)1-(Cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA).

aa. Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (NM2201; CBL2201).

bb. Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring to any extent, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent.

cc. Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring to any extent, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent.

dd. Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring to any extent, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.

ee. Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring to any extent, whether or not substituted in the cyclohexyl ring to any extent.

ff. Any compound structurally derived from 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring to any extent, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

gg. [2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone (WIN-55,212-2).

hh. 3-dimethylheptyl-11-hydroxyhexahydrocannabinol (HU-243).

ii. [(6S, 6aR, 9R, 10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate (CP 50,5561).

(30) Ethylamine analog of phencyclidine: N-ethyl-1-phenylcyclohexylamine (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;

(31) Pyrrolidine analog of phencyclidine: 1-(phenylcyclohexyl) -pyrrolidine, PCPy, PHP;

(32) Thiophene analog of phencyclidine 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP;

(33) 1-[1-(2-thienyl) cyclohexyl] pyrrolidine another name: TCPy;

(34) Spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin.

(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Bromazolam;

(2) Clonazolam;

(3) Diclazepam;

(4) Gamma hydroxybutyric acid ( GHB; gamma-hydroxybutyrate, 4-hydroxybutyrate; 4-hyroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(5) Etizolam;

(6) Flualprazolam;

(7) Flubromazolam;

(8) Flunitrazepam (also known as R2, Rohypnol);

(9) Mecloqualone;

(10) Methaqualone.

(f) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:

(1) Amineptine;

(2) Aminorex (aminoxaphen);

(3) Cathinone ( 2-amino-1-phenol-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone and norephedrone);

(4) Substituted cathinones. Any compound, except bupropion or compounds listed under a different schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl or thiophene ring systems, whether or not the compound is further modified in any of the following ways:

i. By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl or halide substituents, whether or not further substituted in the ring system by one (1) or more other univalent substituents;

ii. By substitution at the 3-position with an acyclic alkyl substituent;

iii. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

(5) Alpha-pyrrolidinoheptaphenone (PV8);

(6) Alpha-pyrrolidinohexanophenone (A-PHP);

(7) 4-chloro-alpha-pyrrolidinovalerophenone (4-chloro-a-pvp);

(8) Ethylphenidate;

(9) Eutylone (bk-EBDB);

(10) Fenethylline;

(11) Mesocarb;

(12) Methcathinone ( N-methylcathinone, AL-464, AL-422, AL-463 and UR1423);

(13) Methiopropamine;

(14) (+/-)cis-4-methylaminorex ;

(15) 4-methyl-alpha-ethylaminopentiophenone (4-MEAP);

(16) 4′-methyl-alpha-pyrrolidinohexiophenone (MPHP);

(17) 2-(methylamino)-1-(3-methylphenyl)propan-1-one (3-MMC);

(18) 4-methyl-1-phenyl-2-(pyrrolidine-1-yl)pent-1-one) (ALPHA-PIHP);

(19) N-benzylpiperazine ( BZP, 1-benzylpiperazine);

(20) N-ethylamphetamine;

(21) N-ethylhexedrone;

(22) N,N-dimethylamphetamine .

History:

[37-2705, added 1971, ch. 215, sec. 1, p. 939; am. 1977, ch. 234, sec. 1, p. 698; am. 1980, ch. 160, sec. 1, p. 343; am. 1981, ch. 102, sec. 1, p. 149; am. 1984, ch. 160, sec. 1, p. 390; am. 1985, ch. 25, sec. 1, p. 41; am. 1986, ch. 209, sec. 1, p. 535; am. 1987, ch. 38, sec. 1, p. 61; am. 1988, ch. 190, sec. 1, p. 337; am. 1989, ch. 177, sec. 1, p. 428; am. 1995, ch. 1, sec. 1, p. 3; am. 1996, ch. 36, sec. 1, p. 90; am. 1998, ch. 160, sec. 1, p. 545; am. 2003, ch. 185, sec. 1, p. 500; am. 2004, ch. 302, sec. 1, p. 845; am. 2010, ch. 117, sec. 1, p. 243; am. 2011, ch. 46, sec. 1, p. 105; am. 2011, ch. 47, sec. 1, p. 109; am. 2011, ch. 134, sec. 1, p. 368; am. 2012, ch. 181, sec. 1, p. 472; am. 2013, ch. 253, sec. 1, p. 623; am. 2014, ch. 349, sec. 1, p. 870; am. 2017, ch. 4, sec. 2, p. 6; am. 2018, ch. 36, sec. 1, p. 68; am. 2019, ch. 24, sec. 1, p. 28; am. 2020, ch. 13, sec. 1, p. 29; am. 2021, ch. 11, sec. 2, p. 19; am. 2021, ch. 242, sec. 3, p. 743; am. 2022, ch. 22, sec. 2, p. 58; am. 2022, ch. 47, sec. 1, p. 135; am. 2023, ch. 13, sec. 1, p. 52; am. 2024, ch. 21, sec. 1, p. 165; am. 2025, ch. 8, sec. 1, p. 15; am. 2026, ch. 90, sec. 1, p. 477.]