Idaho Lawmakers Crack Down on Marijuana Possession

The Idaho House passed a bill 54-14 on Jan. 21 that will require a mandatory $300 fine for any Idahoan convicted of marijuana possession of 3 oz. or less. The bill advanced 27-8 through the Idaho senate on Feb. 18, and will now head to Governor Brad Little’s office to be considered.
Currently, Idaho law punishes the possession of more than 3 oz. with five years of prison time or a $10,000 fine. The current punishment for less than 3 oz. is a fine of up to $1,000. However, the fine has no minimum. This means, according to Idaho’s current laws, that those guilty of possession could hypothetically be let off with a $50 fine, as it is up to the judge’s discretion.
Marijuana is considered a Schedule 1 controlled substance in Idaho under the Controlled Substances Act and state law. A Schedule 1 substance is defined by the Drug Enforcement Agency (DEA) as “drugs with no accepted medical use and a high potential for abuse.” Other drugs considered Schedule 1 by the federal government include heroin, LSD, and acid.
Idaho officials attempted to pass three separate bills last year that addressed the same issue of a minimum fine for marijuana possession. All were drafted by Rep. Bruce Skaug, the same senator who proposed the current bill, and all would have required a minimum $420 fine. The three bills did not pass primarily because they failed to exempt minors, according to Idaho Capital Sun. This issue was resolved in the newest version of the bill, in which Idahoans under 18 are not held criminally responsible and thus do not have to pay the fine.
Out of Idaho’s six neighboring states, five of them have legalized selling marijuana to some degree, according to The Seattle Times. Utah offers the sale of marijuana for medicinal use, while Montana, Oregon, Washington and Nevada all allow its sale for both medicinal and recreational use. This could be a contributor to the push for minimum fines, as people traveling over state borders can easily access marijuana and bring it back to Idaho.
The Idaho Capital Sun in Boise has covered the bill, including a report from Jan. 15.
“Skaug said passing the bill is a way to be tough on marijuana in an environment where most of Idaho’s neighboring states allow recreational or medicinal cannabis,” the Idaho Sun reads.
Those supporting the bill argue that it may reduce the threat of drug trafficking, as reported by KTVB7 News in Boise.
“I am pleased that it passed,” Rep. Charlie Shepard told KTVB7. “Talking with law enforcement, they are in favor of this because it’s just one more deterrent to stop the possible influx of the drug traffickers, as well as the gateway drug marijuana can be.”
However, others argue that this law may impede “judicial discretion in individual cases,” as Paul Riggins, the President of Idaho’s Association of Criminal Defense Lawyers, reported to KTVB7 News. Some arguments even note that if there is a minimum fee for marijuana possession, it should set a precedent for potentially more serious crimes like sexual battery or misdemeanor driving-under-the-influence (DUI) charges, as cannabis possession would be the only crime requiring a minimum fine.
If Little decides to approve the law, it will go into effect on July 1.