Idaho Bill To Set Mandatory Minimum Fine For Marijuana Possession Heads To Senate Floor Vote

“I think if we’re going to keep taking the stance that we’re hard on illegal drugs, we probably need to up our game a little bit.”

By Mia Maldonado, Idaho Capital Sun

A bill to implement a $300 minimum fine for adults convicted of possessing three ounces or less of marijuana is headed to the Idaho Senate floor for a vote.

The Senate Judiciary and Rules Committee on Monday voted to advance House Bill 7 to the Senate floor, putting it one step closer to becoming law after already passing the Idaho House last week in a 54-14 vote. The committee voted along party lines, with its two Democrats, Sen. Melissa Wintrow, D-Boise, and Sen. James Ruchti, D-Pocatello, voting against it.

Its sponsor, Rep. Bruce Skaug, R-Nampa, said Idaho remains one of the states with the strictest laws against marijuana usage, and a mandatory minimum fine for small amounts of marijuana would work as a deterrent for its usage.

“A $300 fine is not too much if you can afford to buy this marijuana and concentrate,” Skaug said. “Every dollar spent on pot by someone is not spent on food, clothing, school supplies, real medicine or housing.”

The committee advanced the bill with a recommendation that it pass. House Bill 7 may be voted on by the Idaho Senate in the coming days or weeks.

Testimony: A deterrent or ‘hurting the wrong people?’

Fourteen people testified before the committee, most of whom supported the bill—including representatives from law enforcement and conservative groups such as the Idaho Freedom Foundation and the Idaho Family Policy Center.

Ada County Sheriff Matt Clifford spoke in favor of the legislation, sharing that he believes a $300 minimum fine will remind people from outside of Idaho that possessing marijuana in the Gem State will have more repercussions.

“Now we have surrounding states that have legalized marijuana in some form or fashion,” Clifford said. “I think if we’re going to keep taking the stance that we’re hard on illegal drugs, we probably need to up our game a little bit, and this is a good way to do that.”

Other testimony came from advocates for medical marijuana, who voiced their opposition to the bill. This includes Jeremy Kitzhaber, a veteran who is disabled who previously served in the U.S. Air Force as a civil engineer and first sergeant. Kitzhaber has consistently opposed this legislation, arguing it would harm his fellow veteran community.

“This bill would say that an edible gummy is a minimum fine, yet drunk driving, exposing yourself in public or even smacking your spouse, would still not impose a minimum fine,” Kitzhaber told the committee.

Dr. Mark McConnell, a critical care physician who works with veterans in Boise, also spoke in opposition to the bill. McConnell said at least 30 percent of the clients he admits to the hospital regularly use marijuana.

Physicians cannot prescribe medical marijuana to patients in Idaho, McConnell said, so patients are forced to break the law to access medical marijuana, even though it is a safer alternative to opioids and Valium.

“I understand the political realities of politicians appearing tough on crime, but I believe that you will be hurting the wrong people if you pass this legislation. My veterans will suffer because of this legislation,” McConnell said.

Sen. Dan Foreman, R-Viola, pushed back against the medical marijuana arguments.

“I’m not unsympathetic to people who have medical issues and find some relief with marijuana, but as a retired police officer, I too have seen the effects of marijuana,” Foreman said. “It’s bad business. We need to do whatever we can to keep it out of our great state.”

This story was first published by Idaho Capital Sun.

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Photo courtesy of Chris Wallis // Side Pocket Images.