Idaho School-Zone Enhancements — §37-2739B

Idaho doubles penalties for any drug offense within 1,000 feet of a school, public park, or recreational facility. Idaho cities are heavily school-zoned, making the enhancement widely available.

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