Mandatory minimum fine for pot possession moves along

BOISE — The House voted Tuesday to approve a bill creating a mandatory minimum fine for possessing 3 ounces or less of marijuana.

Members voted 54-14, with two members absent, to send HB 7 to the Senate.

Bill sponsor Rep. Bruce Skaug, R-Nampa, said police officers “need this tool to better fight marijuana use made regular in our state.”

He argued marijuana is worse than alcohol because it is detectable for longer in a person’s body after consumption. Last year, Skaug proposed three separate bills that would have set a mandatory minimum fine at $420 for possession of 3 ounces or less of cannabis, but none advanced.

In current Idaho law, it is a felony to possess more than 3 ounces of marijuana, punishable by as many as five years in prison, or up to a $10,000 fine, or both. Possession of less than 3 ounces is a misdemeanor crime with a fine up to $1,000 and no set minimum.

Rep. Rick Cheatum, R-Pocatello, debated in favor of the bill, arguing that he would “strongly support any legislation to stop the drug trade in Idaho.” He said his nephew had recently been killed in a car crash and that his brother found out that there were drugs and drug paraphernalia in the vehicle that caused the crash; Cheatum did not specify which drugs were found.

Rep. John Gannon, D-Boise, argued that the penalties were already “tough” and the fines imposed were not the only payments made by those convicted of misdemeanor possession, because there are a number of court fees, fees for probation and community service. Gannon and Minority Leader Rep. Ilana Rubel, D-Boise, both highlighted that most misdemeanor crimes in Idaho do not come with mandatory minimum penalties.

“This would make possession of a small amount of marijuana for personal use a more severe crime by means of a penalty, than (attempted) strangulation, domestic battery, stalking, DUI, bribery of a public servant, aggravated assault,” Rubel said.

Rep. Jack Nelsen, R-Jerome, said he’d prefer to leave the decision about fines or jail time to judges.

“I’m fine with no fine and throw their pants in the slammer for a while to let them think about it,” Nelsen said.

Rep. Dale Hawkins, R-Fernwood, argued that judges would still have discretion to impose a fine between $300 and the statutory maximum of $1,000.

“I don’t think we want to ever slip into what our neighbor to the west has done,” Hawkins said.

Rep. Mark Sauter, R-Sandpoint, said he called a local judge in his district, who said judicial discretion should be maintained.

“I like the local control,” Sauter said.

All of the Democrats voted against the bill as well as Sauter; Nelsen; Rep. Rob Beiswenger, R-Horseshoe Bend; and Rep. David Cannon, R-Blackfoot.

The bill goes to a Senate committee for consideration.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.