by Ruth Brown, Idaho Reports
After a three-hour hearing full of contentious debate, the House Judiciary, Rules and Administration Committee advanced a bill Wednesday that would add a $300 mandatory minimum fine to a misdemeanor possession of marijuana charge.
Reps. Jordan Redman, R-Coeur d’Alene, and Bruce Skaug, R-Nampa, cosponsored the bill.
“It sets a minimum fine for an illegal drug that we have in our state,” Redman said.
Redman said he did not anticipate such passion on the subject before the committee moved it forward in a 10-4 vote.
At the bill’s introductory hearing, Skaug said there was too great of range in fines for marijuana, saying one judge fined a person only $2.50 for a possession charge while others charged $500.
Current law does not have a mandatory minimum, allowing judges to impose a fine of up to $1,000 and one year in jail.
Several legislators, including Rep. Dan Garner, R-Clifton, opposed the legislation. He said the bill takes discretion away from judges and moved to hold it in committee, which failed in a 6-8 vote.
“I do believe judges do a great job in deciding the best punishment, and I would hate to take that away from them,” Garner said.
Rep. Dale Hawkins, R-Fernwood, disagreed, saying the bill only sets a minimum floor for judges, who could still fine a defendant up to $1,000.
“I just don’t see this as painful as some people are looking at it,” Hawkins said.
The committee heard testimony from public defenders in opposition to the bill, noting that the majority of misdemeanor crimes in Idaho do not carry a mandatory minimum punishment.
Some lawmakers pointed to other misdemeanor crimes – including violent crimes such as battery, assault, attempted strangulation, domestic violence, driving under the influence, sexual battery, sexual exploitation by a medical care provider, and others – which do not have mandatory minimum fines or sentences.
Rep. Barbara Ehardt, R-Idaho Falls, said she was concerned about maintaining moral equivalency between those different types of crimes, despite her strong opposition to drug legalization.
The committee also heard from veterans and chronically ill people who use or may want to use marijuana for medicinal reasons that opposed the bill.
Monica Gray, managing public defender in Ada County for the State Public Defender’s Office, argued that this bill would disproportionately impact indigent people. She also noted that the fee is not the only expense defendants have. They must pay court costs and fees for complying with things such as paying for assessments and probation or community service costs.
“The concern is that primarily our indigent defendant clients simply cannot afford those costs,” Gray said.
Multiple law enforcement officers testified in support of the bill, including Clearwater County Sheriff Chris Goetz on behalf of the Idaho Sheriffs’ Association.
“We believe this will set a floor and set a deterrent for those that enter our state and sell it to our citizens, and our citizens that want to use it,” Goetz said. “We oppose any marijuana, and this just furthers our position.”
Rep. John Gannon, D-Boise, addressed the $2.50 fine that repeatedly came up during the hearings. That case in Washington County involved a person who was in fact charged a $2.50 fine, but also 180 days in jail with 178 days suspended, 1 year of probation, 100 hours of community service, and $454.50 in court costs.
Upon learning those details, Rep. Heather Scott, R-Blanchard, agreed that individual judges often know more about the defendant and the facts of a given case than legislators do.
“I do agree (the judge) obviously knew the situation and we didn’t,” Scott said.
The six legislators that supported Garner’s substitute motion to hold the bill in committee included Reps. Garner; Scott; Ehardt; Gannon; Ilana Rubel, D-Boise; and Jeff Carlson, a substitute for Chris Mathias, D-Boise. Scott and Ehardt then voted in favor of the successful motion to send it to the House floor.
The bill now heads to the full House of Representatives for a vote.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Presswhere she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.
Logan Finney contributed to this report.
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