Idaho Lawmakers Approve Bill To Set Mandatory Minimum Fine For Marijuana Possession

“We heard some extremely compelling arguments in testimony today that dealt with the use of medicinal marijuana, and honestly, maybe that’s a conversation that this body should have.”

By Mia Maldonado, Idaho Capital Sun

A bill to implement a minimum $300 fine for adults possessing three ounces of marijuana or less is moving forward to the Idaho House floor.

After two hours of testimony and lengthy debate among committee members, the Idaho House Judiciary, Rules and Administration Committee on Wednesday in a 10-4 vote moved House Bill 7 forward with a recommendation that it pass.

Bill sponsor Rep. Jordan Redman, R-Coeur d’Alene, said the bill would help deter people from possessing drugs in Idaho.

“We heard some extremely compelling arguments in testimony today that dealt with the use of medicinal marijuana, and honestly, maybe that’s a conversation that this body should have…for some folks that are dealing with some extremely tough issues,” Redman said after hearing testimony. “But that’s not what this bill does. This bill simply sets a minimum fine.”

Opponents discuss medical marijuana, impact on low-income people

Seven people testified in opposition to the bill, including veterans, individuals with disabilities and criminal defense attorneys.

One of the most compelling testimonies came from 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 stage four cancer and has done about 150 rounds of treatments, he told the committee.

“My oncology teams have told me plenty of times that if they could legally allow me to use medicinal cannabis, they would, and it would be beneficial for my circumstances,” he said, noting it would have been used to ease pain and stimulate his appetite when he lost more than 40 pounds during chemotherapy treatment.

Kitzhaber said he is prescribed three different types of opioids for his pain. Despite his constant discomfort, he said he doesn’t risk getting marijuana for medical use because he’s afraid to lose his veteran benefits.

“Somebody under chemotherapy that’s almost starving to death shouldn’t get the $300 fine, just like somebody else who wanted to get high,” he said.

Rep. Heather Scott, R-Blanchard, asked him if he had considered moving to a state where medical marijuana is allowed.

“It does cross my mind, but it’s impossible financially,” he said, pointing out that he lives on disability and veteran retirement pay and can barely afford his home in Boise. He said he cannot afford to move to states with Veteran Affairs offices such as Colorado or California.

Monica Gray, the managing attorney of the Ada County Office of the Idaho State Public Defender, testified that this bill would unfairly affect indigent defendants who cannot afford to hire their own counsel

“This includes students who are working to further their education, those on disability, struggling with mental or physical health issues, and those simply struggling to make ends meet in today’s economy and high cost of living,” she said.

Additionally, Gray said there are no mandatory minimum fines for other misdemeanor charges, such as DUIs, battery, assault, domestic violence or injury to a child.

“Possession of marijuana misdemeanor less than three ounces would be likely the only everyday, common misdemeanor that we see in court that would hold a mandatory minimum fine,” Gray said.

Support for mandatory minimum bill comes from law enforcement, Idaho GOP

Ten individuals testified in support of the bill, including representatives from the Idaho Family Policy Center, the Idaho Freedom Foundation and the Idaho Republican Party.

Idaho Republican Party Executive Director Ryan Thompson told the committee about a resolution passed during the party’s January winter meeting titled “A resolution to support uniform penalty for drugs harmful to Idaho youth.”

“I’m just here to report that it was passed overwhelmingly by all the state committee members at the meeting,” Thompson said. “[Idaho GOP chairwoman] Dorothy [Moon] was not able to be here, so I’m speaking on her behalf.”

Individuals in law enforcement also testified in favor of the bill including Idaho Sheriffs’ Association President Chris Goetz, Nampa Police Department Lt. Jason Kimball and Caldwell Chief of Police Rex Ingram.

“If people are choosing to use narcotics that are already illegal substances, then they can, in our association’s opinion, pay for that fine,” Ingram said.

Before voting the bill forward to the Idaho House floor, the committee voted on a motion to hold the bill in committee. That proposal by Rep. Dan Garner, R-Clifton, failed in a 6-8 vote. The second motion, approved by the committee, clears the way for the bill to make it to the floor of the Idaho House of Representatives for consideration at a later time.

This story was first published by Idaho Capital Sun.

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