Idaho Code
Idaho Code

Idaho Code § 39-301 (2026)

Declaration of policy. 

✓ current as of May 2026
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Declaration of policy. 

It is the policy of this state that alcoholics, intoxicated persons or drug addicts may not be subjected to criminal prosecution or incarceration solely because of their consumption of alcoholic beverages or addiction to drugs but rather should be afforded treatment in order that they may lead normal lives as productive members of society.

The legislature hereby finds and declares that it is essential to the health and welfare of the people of this state that action be taken by state government to effectively and economically utilize federal and state funds for alcoholism and drug addiction research, and the prevention and for the treatment and rehabilitation of alcoholics or drug addicts. To achieve this, it is necessary that existing fragmented, uncoordinated and duplicative alcoholism and drug treatment programs be merged into a comprehensive and integrated system for the prevention, treatment and rehabilitation of alcoholics.
The legislature continues to recognize the need for criminal sanctions for those who violate the provisions of the uniform controlled substances act.
Notes of Decisions
Cited in 4 cases, 1964–2010 · leading case: State v. Hadley, 838 P.2d 331 (Idaho Ct. App. 1992).
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State v. Hadley, 838 P.2d 331 (Idaho Ct. App. 1992). · cites it 4× “He asserts for the first time on appeal that not providing inpatient treatment violates his eighth amendment right to be free from cruel and unusual punishment, and that the Idaho Alcoholism and Intoxication Treatment Act, I.C. § 39-301 through § 39-311, requires treatment of…”
Lake CDA Inv., LLC v. Idaho Dep't of Lands, 233 P.3d 721 (Idaho 2010). “Idaho Code Annotated § 39-301 (1932) provided: Public acquires only an easement.”
State v. Puga, 728 P.2d 398 (Idaho Ct. App. 1986). · cites it 2× “Puga points to the Idaho Alcoholism and Intoxication Treatment Act, I.C. §§ 39-301 through 39-311, for a statutory right *877 to treatment.”
Janinda v. Lanning, 390 P.2d 826 (Idaho 1964). · cites it 2× “See I.C. § 39-301. The recent Washington case of Obde v.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.