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.]
Structure Idaho Code
Title 37 - FOOD, DRUGS, AND OIL
Chapter 27 - UNIFORM CONTROLLED SUBSTANCES
Section 37-2732 - PROHIBITED ACTS A — PENALTIES.
Section 37-2732A - SACRAMENTAL USE OF PEYOTE PERMITTED.
Section 37-2732B - TRAFFICKING — MANDATORY SENTENCES.
Section 37-2732C - USING OR BEING UNDER THE INFLUENCE — PENALTIES.
Section 37-2733 - PROHIBITED ACTS B — PENALTIES.
Section 37-2734 - PROHIBITED ACTS C — PENALTIES.
Section 37-2734A - PROHIBITED ACTS D — PENALTIES.
Section 37-2734B - PROHIBITED ACTS E — PENALTIES.
Section 37-2734C - PROHIBITED ACTS F — PENALTIES.
Section 37-2735 - PENALTIES UNDER OTHER LAWS.
Section 37-2735A - DRUG HOTLINE FEE.
Section 37-2736 - BAR TO PROSECUTION.
Section 37-2737 - DISTRIBUTION TO PERSONS UNDER AGE 18.
Section 37-2737A - MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE WHERE CHILDREN ARE PRESENT.
Section 37-2738 - SENTENCING CRITERIA IN DRUG CASES.
Section 37-2739 - SECOND OR SUBSEQUENT OFFENSES.
Section 37-2739A - MANDATORY MINIMUM PENALTY.
Section 37-2739B - FIXED MINIMUM SENTENCES IN DRUG CASES.
Section 37-2739C - MEDICAL ASSISTANCE — DRUG-RELATED OVERDOSE — PROSECUTION FOR POSSESSION.