reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2725 - PRESCRIPTION DRUG ORDER BLANKS.

37-2725. PRESCRIPTION DRUG ORDER BLANKS. (1) Paper prescription drug order blanks shall comply with federal law and shall utilize noncopyable paper that contains security provisions against copying that results in some indication on the copy that it is a copy and therefore rendering it null and void.
(2) Prescription drug order blanks shall not be transferable. Any person possessing any such blank otherwise than is herein provided is guilty of a misdemeanor.
(3) The prescription drug order blank shall contain the name and address of the prescriber. Prescription drug order blanks may contain the printed names of multiple prescribers who are affiliated; provided however, such prescription drug order blanks shall contain a means, in addition to the signature of the prescriber, such as a box or a check, for clear identification of the printed name and address of the prescriber issuing the prescription.
(4) Prescriptions written by a prescriber in an institutional facility or other health care facility in which a prescriber may attend a patient, other than his or her regular place of business, may be written on prescription drug order blanks kept or provided by that facility that contain the name and address of that facility, but not necessarily of the prescriber, provided the prescriber’s name must be stamped, written or printed on the completed prescription in a manner that is legible to a pharmacist.
(5) Failure of a prescriber to clearly mark the prescriber’s printed name and address on the prescription as required in subsection (3) of this section, or to stamp, write or print the prescriber’s name legibly as required in subsection (4) of this section shall subject the prescriber to appropriate discipline by the board.
(6) Prescription drug order blanks or drugs lost or stolen must be immediately reported to the board.
History:
[37-2725, added 2001, ch. 178, sec. 4, p. 602; am. 2002, ch. 367, sec. 1, p. 1035; am. 2011, ch. 133, sec. 2, p. 367; am. 2018, ch. 36, sec. 7, p. 74.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2727 - CONTROLLED SUBSTANCES IN OPIOID (NARCOTIC) TREATMENT PROGRAMS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2730A - PRESCRIPTION TRACKING PROGRAM.

37-2730A. PRESCRIPTION TRACKING PROGRAM. (1) The division shall maintain a program to track the prescriptions for controlled substances that are filed with the division under section 37-2726, Idaho Code, for the purpose of assisting in identifying illegal activity related to the dispensing of controlled substances and for the purpose of assisting the division in providing information to patients, practitioners and pharmacists to assist in avoiding inappropriate use of controlled substances. The tracking program and any data created thereby shall be administered by the division.
(2) The division shall use the information obtained through the tracking program in identifying activity it reasonably suspects may be in violation of this chapter or medical assistance law. The division shall report this information to the individuals and persons set forth in section 37-2726(2), Idaho Code. The division may release unsolicited information to pharmacists and practitioners when the release of information may be of assistance in preventing or avoiding inappropriate use of controlled substances. The division may provide the appropriate law enforcement agency, medicaid or medicare agency, or licensing board with the relevant information in the division’s possession, including information obtained from the tracking program, for further investigation or other appropriate law enforcement or administrative enforcement use.
(3) Information that does not identify individual patients, practitioners, or dispensing pharmacists or pharmacies may be released by the division for educational, research, or public information purposes.
(4) Nothing herein shall prevent a pharmacist or practitioner from furnishing another pharmacist or practitioner information obtained pursuant to and in compliance with this chapter.
(5) Unless there is shown malice or criminal intent or gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, the state of Idaho, the division, any other state agency, or any person or entity in proper possession of information as herein provided shall not be subject to any liability or action for money damages or other legal or equitable relief by reason of any of the following:
(a) The furnishing of information under the conditions herein provided;
(b) The receiving and use of, or reliance on, such information;
(c) The fact that any such information was not furnished; or
(d) The fact that such information was factually incorrect or was released by the division to the wrong person or entity.
(6) The division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
History:
[37-2730A, added 2000, ch. 194, sec. 1, p. 480; am. 2001, ch. 178, sec. 6, p. 603; am. 2006, ch. 175, sec. 3, p. 539; am. 2012, ch. 198, sec. 2, p. 533; am. 2013, ch. 6, sec. 1, p. 14; am. 2021, ch. 35, sec. 4, p. 85.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article III › Section 37-2731 - INFORMATION REQUIRED ON LABEL.

37-2731. INFORMATION REQUIRED ON LABEL. A practitioner with statutory authority to dispense a controlled substance shall affix to the package a label pursuant to board rule.
History:
[37-2731, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 5, p. 261; am. 2018, ch. 36, sec. 9, p. 75.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2732A - SACRAMENTAL USE OF PEYOTE PERMITTED.

37-2732A. SACRAMENTAL USE OF PEYOTE PERMITTED. The criminal sanctions provided in this chapter do not apply to that plant of the genus Lophophora Williamii commonly known as peyote when such controlled substance is transported, delivered or possessed to be used as the sacrament in religious rites of a bona fide native American religious ceremony conducted by a bona fide religious organization; provided, that this exemption shall apply only to persons of native American descent who are members or eligible for membership in a federally recognized Indian tribe. Use of peyote as a sacrament in religious rites shall be restricted to Indian reservations as defined in subsection (2) of section 63-3622Z, Idaho Code. A person transporting, possessing or distributing peyote in this state for religious rites shall have on their person a tribal enrollment card, a card identifying the person as a native American church member and a permit issued by a bona fide religious organization authorizing the transportation, possession and distribution of peyote for religious rites.
History:
[37-2732A, added 1991, ch. 125, sec. 1, p. 279.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2733 - PROHIBITED ACTS B — PENALTIES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2734 - PROHIBITED ACTS C — PENALTIES.

37-2734. PROHIBITED ACTS C — PENALTIES. (a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to the requirements of section 37-2722, Idaho Code;
(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(b) Any person who violates this section is guilty of a felony and upon conviction may be imprisoned for not more than four (4) years, or fined not more than thirty thousand dollars ($30,000), or both.
History:
[37-2734, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 7, p. 261; am. 1972, ch. 409, sec. 3, p. 1195; am. 2018, ch. 36, sec. 10, p. 75.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2734A - PROHIBITED ACTS D — PENALTIES.

37-2734A. PROHIBITED ACTS D — PENALTIES. (1) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(2) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(3) Any person who is in violation of the provisions of subsections (1) and/or (2) of this section is guilty of a misdemeanor and upon conviction may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000), or both.
History:
[37-2734A, added 1980, ch. 388, sec. 2, p. 982; am. 1990, ch. 311, sec. 1, p. 851.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2734B - PROHIBITED ACTS E — PENALTIES.

37-2734B. PROHIBITED ACTS E — PENALTIES. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who is in violation of this section is guilty of a felony and upon conviction may be imprisoned for not more than nine (9) years, fined not more than thirty thousand dollars ($30,000), or both.
History:
[37-2734B, added 1980, ch. 388, sec. 3, p. 983.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2734C - PROHIBITED ACTS F — PENALTIES.

37-2734C. PROHIBITED ACTS F — PENALTIES. (1) A person is guilty of the crime of unlawful storage of anhydrous ammonia in a container that:
(a) Is not approved by the United States department of transportation to hold anhydrous ammonia; or
(b) Was not constructed to meet state and federal industrial health and safety standards for holding anhydrous ammonia.
(2) Violation of this section is a felony.
(3) This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances pursuant to the provisions of chapter 22, title 49, Idaho Code.
(4) Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia equipment shall be the sole responsibility of the person or persons unlawfully possessing, storing or tampering with the anhydrous ammonia. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor or seller that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.
History:
[37-2734C, added 2002, ch. 257, sec. 3, p. 748.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2735 - PENALTIES UNDER OTHER LAWS.

37-2735. PENALTIES UNDER OTHER LAWS. Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
History:
[I.C., sec. 37-2735, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2735A - DRUG HOTLINE FEE.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2736 - BAR TO PROSECUTION.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2737 - DISTRIBUTION TO PERSONS UNDER AGE 18.

37-2737. DISTRIBUTION TO PERSONS UNDER AGE 18. Any person eighteen (18) years of age or over who violates section 37-2732(a), Idaho Code, by distributing any nonnarcotic drug classified in schedule I, or any controlled substance classified in schedule III, IV, V, or VI, to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by section 37-2732(a)(1)(B), (C) or (D), Idaho Code, by a term of imprisonment of up to twice that authorized by section 37-2732(a)(1)(B), (C) or (D), Idaho Code, or by both.
History:
[I.C., sec. 37-2737, as added by 1971, ch. 215, sec. 1, p. 939; am. 1990, ch. 268, sec. 2, p. 757.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2737A - MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT.

37-2737A. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT. (1) Except as authorized in this chapter, it is unlawful for any person to manufacture or deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in schedules I, II, III and IV in this chapter, upon the same premises where a child under the age of eighteen (18) years is present.
(2) As used in this section, "premises" means any:
(a) Motor vehicle or vessel;
(b) Dwelling or rental unit including, but not limited to, apartment, townhouse, condominium, mobile home, manufactured home, motel room or hotel room;
(c) Dwelling house, its curtilage and any other outbuildings.
(3) Except as provided in subsection (4) of this section, a person who violates the provisions of this section shall be guilty of a felony and upon conviction may be imprisoned for a term not to exceed five (5) years, fined not more than five thousand dollars ($5,000), or be both so imprisoned and fined.
(4) A person who violates the provisions of this section by manufacturing or delivering, or possessing with the intent to manufacture or deliver, methamphetamine or amphetamine in quantities as specified in section 37-2732B(a)(4), Idaho Code, shall be guilty of a felony and upon conviction may be imprisoned for a term of up to ten (10) years, fined not more than twenty-five thousand dollars ($25,000), or be both so imprisoned and fined.
(5) Any fine imposed under the provisions of this section shall be in addition to the fine imposed for any other offense, and any term of imprisonment shall be consecutive to any term imposed for any other offense, regardless of whether the violation of the provisions of this section and any of the other offenses have arisen from the same act or transaction.
History:
[37-2737A, added 1991, ch. 275, sec. 1, p. 712; am. 2006, ch. 76, sec. 1, p. 234.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2739 - SECOND OR SUBSEQUENT OFFENSES.

37-2739. SECOND OR SUBSEQUENT OFFENSES. (a) Any person convicted of a second or subsequent offense under this act, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(b) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.
History:
[I.C., sec. 37-2739, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 8, p. 261; am. 1990, ch. 268, sec. 3, p. 757.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2739A - MANDATORY MINIMUM PENALTY.

37-2739A. MANDATORY MINIMUM PENALTY. Any person who is convicted of violating the felony provisions of section 37-2732(a), Idaho Code, by distributing controlled substances to another person, who is not subject to a fixed minimum term under section 37-2739B, Idaho Code, and who has previously been convicted within the past ten (10) years in a court of the United States, any state or a political subdivision of one or more felony offenses of dealing, selling or trafficking in controlled substances on an occasion or occasions different from the felony violation of section 37-2732(a), Idaho Code, and which offense or offenses were punishable in such court by imprisonment in excess of one (1) year, shall be sentenced to the custody of the state board of correction for a mandatory minimum period of time of not less than three (3) years or for such greater period as the court may impose up to a maximum of life imprisonment. The mandatory minimum period of three (3) years incarceration shall not be reduced and shall run consecutively to any other sentence imposed by the court.
History:
[37-2739A, added 1981, ch. 88, sec. 1, p. 122; am. 1990, ch. 268, sec. 4, p. 757.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article IV › Section 37-2739C - MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION.

37-2739C. MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION. (1) A person acting in good faith who seeks medical assistance for any person experiencing a drug-related medical emergency shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence for the charge of possession of or using or being under the influence of a controlled substance or using or possessing drug paraphernalia was obtained as a result of the person seeking medical assistance.
(2) A person who experiences a drug-related medical emergency and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to section 37-2732(c) or (e), Idaho Code, for using or being under the influence of a controlled substance pursuant to section 37-2732C(a), Idaho Code, or for using or possessing with intent to use drug paraphernalia pursuant to section 37-2734A(1), Idaho Code, if the evidence for the charge of possession of or using or being under the influence of a controlled substance or using or possessing drug paraphernalia was obtained as a result of the medical emergency and the need for medical assistance.
(3) The protections in this section from prosecution shall not be grounds for suppression of evidence in other criminal charges.
History:
[37-2739C, added 2018, ch. 265, sec. 1, p. 637.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article V › Section 37-2740 - POWERS OF ENFORCEMENT PERSONNEL.

37-2740. POWERS OF ENFORCEMENT PERSONNEL. (a) Any peace officer, as defined by this act, may:
(1) Carry firearms in the performance of his official duties;
(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;
(3) Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this act which may constitute a felony or a misdemeanor;
(4) Make seizures of property pursuant to this act.
(b) The director of the Idaho state police shall administer the state-level program of Idaho to suppress the unlawful traffic and abuse of controlled substances and shall have the authority to appoint and commission agents to enforce the provisions of this act.
(c) All duly authorized peace officers while investigating offenses under this act in the performance of their official duties, and any person working under their immediate direction, supervision, or instruction, provided such person shall not deviate from the lawful direction of the peace officer, are immune from prosecution under this act.
History:
[I.C., sec. 37-2740, as added by 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 9, p. 261; am. 1974, ch. 27, sec. 80, p. 811; am. 2000, ch. 469, sec. 87, p. 1536.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article V › Section 37-2742 - INJUNCTIONS.

37-2742. INJUNCTIONS. (a) The district courts have jurisdiction to restrain or enjoin violations of this act.
(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
History:
[I.C., sec. 37-2742, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article V › Section 37-2743 - COOPERATIVE ARRANGEMENTS.

37-2743. COOPERATIVE ARRANGEMENTS. (a) The director of the Idaho state police shall cooperate with federal and other state agencies in discharging his responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, he may:
(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(3) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes. The name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section shall be subject to disclosure according to chapter 1, title 74, Idaho Code;
(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substance may be extracted;
(5) Enter into agreements with other states to coordinate and facilitate the enforcement of this act; and
(6) Require law enforcement agencies to report such information regarding traffic in controlled substances and abuse of controlled substances as he deems necessary to enforce this act. Such reports shall be on forms supplied by the director of the Idaho state police and shall include, but not be limited to, the following information: Names, ages, sex, race, and residences of individuals involved in violations of this act; the contraband confiscated, showing the kind, location, quantity, date, and place where seized; the circumstances surrounding the arrests and a report of the disposition of charges.
(b) Results, information, and evidence received from the bureau relating to the regulatory functions of this act, including results of inspections and investigations conducted by the bureau may be relied and acted upon by the board in the exercise of its regulatory functions under this act.
(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the director, nor may he be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential and as such the name or identity of the patient or research subject is subject to disclosure according to chapter 1, title 74, Idaho Code.
History:
[37-2743, added 1971, ch. 215, sec. 1, p. 939; am. 1972, ch. 133, sec. 10, p. 261; am. 1974, ch. 27, sec. 81, p. 811; am. 1990, ch. 213, sec. 32, p. 507; am. 2000, ch. 469, sec. 88, p. 1537; am. 2015, ch. 141, sec. 80, p. 438.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article V › Section 37-2744B - AUTHORIZATION TO RECEIVE AND ADMINISTER FEDERAL FORFEITURES AND PRIVATE DONATIONS.

37-2744B. AUTHORIZATION TO RECEIVE AND ADMINISTER FEDERAL FORFEITURES AND PRIVATE DONATIONS. The director of the Idaho state police is authorized to receive and dispose of any real or personal property which has been seized by a federal drug enforcement agency, or any donations from private citizens, the proceeds of which shall be placed in the drug and driving while under the influence enforcement donation fund created in section 57-816, Idaho Code.
History:
[(37-2744B) 1986, ch. 286, sec. 3, p. 718; am. and redesignated 1989, ch. 341, sec. 1, p. 862; am. 2000, ch. 469, sec. 90, p. 1544; am. 2010, ch. 79, sec. 13, p. 142.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article V › Section 37-2745 - BURDEN OF PROOF — LIABILITIES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article V › Section 37-2746 - JUDICIAL REVIEW.

37-2746. JUDICIAL REVIEW. All final determinations, findings and conclusions of the board under this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision in the district court of the county where the aggrieved person resides. Findings of fact by the board, if supported by substantial evidence, are conclusive.
History:
[I.C., sec. 37-2746, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article VI › Section 37-2748 - PENDING PROCEEDINGS.

37-2748. PENDING PROCEEDINGS. (a) Prosecution for any violation of law occurring prior to the effective date of this act is not affected or abated by this act. If the offense being prosecuted is similar to one set out in article IV of this act, then the penalties under article IV apply if they are less than those under prior law.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act are not affected by this act.
(c) All administrative proceedings pending under prior laws which are superseded by this act shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this act. Any substance controlled under prior law which is not listed within schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) The board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state.
(e) This act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.
History:
[I.C., sec. 37-2748, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article VI › Section 37-2749 - CONTINUATION OF RULES.

37-2749. CONTINUATION OF RULES. Any orders and rules promulgated under any law affected by this act and in effect on the effective date of this act and not in conflict with it continue in effect until modified, superseded or repealed.
History:
[I.C., sec. 37-2749, as added by 1971, ch. 215, sec. 1, p. 939.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article VI › Section 37-2750 - UNIFORMITY OF INTERPRETATION.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 27 - UNIFORM CONTROLLED SUBSTANCES › Article VI › Section 37-2751 - SHORT TITLE.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2801 - PROPERTY SUBJECT TO CRIMINAL FORFEITURE.

37-2801. PROPERTY SUBJECT TO CRIMINAL FORFEITURE. Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(1) Any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
(2) Any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation.
The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to chapter 27, title 37, Idaho Code, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed or interpreted in any manner to prevent the state of Idaho, attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 37-2732(k), Idaho Code; or, if appropriate, from pursuing civil forfeiture pursuant to section 37-2744 and/or section 37-2744A, Idaho Code. Nor shall an order of forfeiture pursuant to this chapter be used as an offset against, or in any manner be used to diminish the amount of, a restitution order under section 37-2732(k), Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
History:
[37-2801, added 1996, ch. 230, sec. 1, p. 750.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2802 - PROPERTY SUBJECT TO FORFEITURE.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2803 - INVENTORY.

37-2803. INVENTORY. Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, to the director of the Idaho state police. Upon completion of the forfeiture action pursuant to this chapter, a final inventory shall be made which indicates the disposition of the seized property, and a copy of that inventory shall also be sent to the director of the Idaho state police.
History:
[37-2803, added 1996, ch. 230, sec. 1, p. 750; am. 2000, ch. 469, sec. 91, p. 1544.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2804 - FORFEITURE REQUEST — REBUTTABLE PRESUMPTION.

37-2804. FORFEITURE REQUEST — REBUTTABLE PRESUMPTION. Property subject to criminal forfeiture under this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 37-2801, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.
There is a rebuttable presumption that any property of a person subject to the provisions of section 37-2801, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:
(1) The property was acquired by a person during the period of the violation of chapter 27, title 37, Idaho Code, or within a reasonable time after such violation; and
(2) There was no likely source for such property other than the violation of chapter 27, title 37, Idaho Code.
History:
[37-2804, added 1996, ch. 230, sec. 1, p. 750.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2805 - PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS.

37-2805. PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS. (1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in section 37-2801, Idaho Code, for forfeiture under this chapter upon the filing of an indictment or information charging a violation of the uniform controlled substance act for which criminal forfeiture may be ordered and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this chapter.
(2) The state may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this chapter in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (1) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property by the appropriate law enforcement agency upon such terms and conditions as the court shall deem proper.
(3) The court may, upon application of the state of Idaho, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the state of Idaho in the property subject to forfeiture. Any income accruing to or derived from property subject to forfeiture under this chapter may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the state of Idaho or third parties.
History:
[37-2805, added 1996, ch. 230, sec. 1, p. 751.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2806 - INSTITUTION OF PROCEEDINGS — THIRD PARTIES.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2809 - PROPORTIONALITY.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2810 - AUTHORITY OF THE ATTORNEY GENERAL.

37-2810. AUTHORITY OF THE ATTORNEY GENERAL. With respect to property ordered forfeited under this chapter, the attorney general or appropriate prosecuting attorney is authorized to:
(1) Restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this chapter;
(2) Compromise claims arising under this chapter;
(3) Award compensation to persons providing information resulting in a forfeiture under this chapter; and
(4) Take appropriate measures necessary to safeguard and maintain property ordered forfeited under this chapter pending its disposition.
History:
[37-2810, added 1996, ch. 230, sec. 1, p. 755.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2811 - BAR ON INTERVENTION.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2812 - JURISDICTION — DEPOSITIONS.

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.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2813 - DISPOSITION OF PROPERTY.

37-2813. DISPOSITION OF PROPERTY. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest holder who has timely filed a proper claim or to preserve the interests of any party. The court may order a sale or any other disposition of the property if the property may perish, waste, be foreclosed on or otherwise be significantly reduced in value or if the expenses of maintaining the property are or will become greater than its fair market value. If the court orders a sale, the court shall designate a third party or state property manager to dispose of the property by public sale or other commercially reasonable method and shall distribute the proceeds in the following order of priority:
(1) Payment of reasonable expenses incurred in connection with the sale.
(2) Satisfaction of exempt interests in the order of their priority.
(3) Preservation of the balance, if any, in the actual or constructive custody of the court in an interest-bearing account, subject to further proceedings under this chapter.
When property is forfeited under this chapter, the attorney general or appropriate prosecuting attorney, may:
(1) Retain it for official use; and/or
(2) Sell that which is not required to be destroyed by law and which is not harmful to the public, pursuant to section 37-2807 or 37-2808, Idaho Code.
History:
[37-2813, added 1996, ch. 230, sec. 1, p. 756.]
2023 Idaho Code › Title 37 - FOOD, DRUGS, AND OIL › Chapter 28 - CRIMINAL FORFEITURES › Section 37-2814 - FORFEITURE OF SUBSTITUTE PROPERTY.

37-2814. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 37-2801, Idaho Code, as a result of any act or omission of the defendant:
(1) Cannot be located upon the exercise of due diligence;
(2) Has been transferred or sold to, or deposited with, a third party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value; or
(5) Has been commingled with other property which cannot be divided without difficulty;
the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 37-2801, Idaho Code.
History:
[37-2814, added 1996, ch. 230, sec. 1, p. 757.]