Boise Police Crack Down on Smoke Shops: 55 Stores Targeted Under Idaho’s Drug Paraphernalia Law

BOISE, IDAHO — The Boise Police Department has recently announced enforcement action against 55 local stores believed to be in violation of Idaho Code 37-2734B, a law that makes it a felony to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia with knowledge—or reasonable suspicion—that it will be used with controlled substances.

The statute, found under Title 37, Chapter 27 of Idaho law, broadly defines prohibited activities involving drug paraphernalia and carries severe penalties: up to 9 years in prison, a $30,000 fine, or both. The law is part of the Uniform Controlled Substances Act and has been on the books since 1980.

Understanding the Law

Idaho Code 37-2734B reads:

“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 introduce into the human body a controlled substance.”

This statute covers a broad range of items, including glass pipes, bongs, grinders, rolling papers, and even certain digital scales—if they are sold with the knowledge or intent that they will be used for drug-related purposes.

Police Response and Intent

The Boise Police Department’s move to target over four dozen retailers signals a more aggressive interpretation and enforcement of the statute. While these types of products are often marketed as “for tobacco use only,” law enforcement argues that many are knowingly sold for drug consumption—particularly with cannabis and related substances.

A police spokesperson stated:

“This is about holding businesses accountable that are knowingly selling drug paraphernalia. The law is clear: if you know, or should reasonably know, that these items will be used with illegal drugs, you’re breaking the law—and it’s a felony.”

Legal and Retail Industry Concerns

The crackdown has raised concerns among smoke shop owners and civil rights advocates alike. Some argue that the law is vague, outdated, and places too much emphasis on subjective interpretation of “intent.” Retailers also worry about the economic and legal consequences of being swept up in a broad enforcement campaign, especially those who take steps to comply with labeling and disclaimers.

Others note that the law fails to account for the evolving legal landscape around hemp-derived products, CBD, and even medical cannabis in nearby states, leading to confusion about what is considered legal or illegal.

What Comes Next?

Legal challenges are expected as some store owners plan to defend their businesses in court. Meanwhile, Boise police are urging all retailers to review their inventory and sales practices carefully and consider removing items that could be construed as drug paraphernalia under Idaho law.

As this story develops, it may serve as a pivotal moment in the broader conversation around drug policy, enforcement, and civil liberties in Idaho.