A bill that would have imposed a mandatory minimum fine of $420 for possessing less than three ounces of marijuana in Idaho has stalled in a House committee, after facing criticism from both opponents and supporters of cannabis reform.
The Bill and Its Sponsor
House Bill 606, introduced by Rep. Bruce Skaug, R-Nampa, was a revised version of his previous bill, House Bill 559, which he said had a technical error. The new bill added a clause that said any other penalties specified in state law could also be applied, in addition to the $420 fine.
Skaug, who is a former police officer, said he wanted to send a message that Idaho does not tolerate marijuana use, and that the fine amount was a reference to the slang term for cannabis. He also made several jokes about the bill, saying he “smoked out” the problem in his last bill and ran the changes by his assistant, “Mary Jane”.
The Opposition and the Support
The bill faced opposition from both sides of the marijuana debate. Some lawmakers and advocates argued that the bill was too harsh and would disproportionately affect low-income and minority communities, while others said it was too lenient and would not deter marijuana users.
Rep. John Gannon, D-Boise, said the bill would create a “debtors’ prison” for people who could not afford to pay the fine, and that it would violate the constitutional right to due process. He also questioned the logic of imposing a higher fine for less marijuana, and said the bill would not address the root causes of substance abuse.
Rep. Dorothy Moon, R-Stanley, said the bill would undermine the efforts of the Idaho Medical Marijuana Act, a citizen initiative that seeks to legalize medical cannabis in the state. She said the bill would discourage people from seeking medical treatment for their conditions, and that it would conflict with the will of the people.
On the other hand, some lawmakers and advocates said the bill was not enough to prevent marijuana use, and that Idaho should maintain its strict prohibition of cannabis. They said the bill would send a mixed signal to the public, and that it would not address the public health and safety risks of marijuana.
Rep. Bryan Zollinger, R-Idaho Falls, said the bill would create a “slippery slope” towards legalization, and that it would encourage more people to use marijuana. He said the bill would not deter marijuana users, and that it would reduce the revenue for law enforcement and drug treatment programs.
Wayne Hoffman, president of the Idaho Freedom Foundation, a conservative think tank, said the bill would create a “double standard” for marijuana users, and that it would violate the principle of equal protection under the law. He said the bill would create a “special class” of offenders, and that it would not respect the rule of law.
The Outcome and the Future
The bill failed to advance from the House State Affairs Committee on Tuesday, after a motion to send it to the House floor with a recommendation of passage failed on a 7-7 tie vote. The bill could still be revived by the committee, but it is unlikely to pass this session, as the deadline for introducing new bills has passed.
The bill’s failure comes as Idaho is surrounded by states that have legalized medical or recreational marijuana, such as Washington, Oregon, Montana, Nevada, and Utah. Idaho is one of only three states in the nation that does not allow any form of cannabis use, along with Nebraska and Kansas.
However, there are efforts to change the status quo in Idaho, such as the Idaho Medical Marijuana Act, which aims to qualify for the 2024 ballot, and the Idaho Cannabis Coalition, which is a group of activists and organizations that support cannabis reform. There are also lawsuits challenging the state’s ban on hemp and CBD products, which are derived from cannabis but do not contain psychoactive THC.
The debate over marijuana in Idaho is likely to continue, as the issue divides the public and the lawmakers, and as the neighboring states move ahead with cannabis legalization.
