Last verified: April 2026
The Statute
Idaho Code §37-2739B doubles penalties for any drug offense committed within 1,000 feet of a school, public park, or recreational facility. Because Idaho cities are heavily school-zoned, this enhancement is widely available to prosecutors.
Why 1,000 Feet Is a Big Footprint
1,000 feet is approximately 1/5 of a mile. In a typical Idaho city, this means:
- Most residential streets are within 1,000 feet of an elementary or middle school.
- Most apartment complexes are within 1,000 feet of a school or public park.
- Most college-adjacent neighborhoods are within 1,000 feet of campus facilities counted as "recreational."
- Most highway-corridor commercial strips have a school or park nearby.
Practical Effect
- Possession of ≤3 oz in a school zone: misdemeanor with up to 2 years jail and $2,000 fine (doubled from 1 year and $1,000).
- Possession of >3 oz in a school zone: felony with up to 10 years state prison (doubled from 5).
- Trafficking in a school zone: doubled mandatory minimums.
What Counts as a "School Zone"
- Public and private schools (K-12).
- Charter schools.
- School bus stops (in some interpretations).
- Public parks.
- Public playgrounds.
- Public recreational facilities (community centers, swimming pools).
- Some interpretations include "or any place where children regularly congregate."
The "I Didn't Know" Defense
Idaho's school-zone enhancement does NOT require the defendant to know of the school's proximity. The strict-liability rule means a defendant arrested with cannabis on a Boise residential street may face the enhancement based on proximity to a school the defendant didn't know was there.
Reading the Statute
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