(Boise, ID) The Idaho House of Representatives voted largely along party lines Tuesday to pass a new bill that would create a mandatory minimum fine of $300 for anyone convicted of marijuana possession.
Following a lengthy debate at the Idaho State Capitol in Boise, House members voted 54-14 to pass House Bill 7.
Rep. Bruce Skaug, R-Nampa, sponsored House Bill 7. Skaug said an unnamed judge requested he bring the bill to establish a mandatory minimum fine of simple marijuana possession of 3 ounces or less.
Skaug said passing the bill is a way to be tough on marijuana in an environment where most of Idaho’s neighboring states allow recreational or medicinal cannabis. Washington, Oregon, Nevada, Montana and allow for the recreational use and sale of cannabis, while Utah offers medical cannabis.
Skaug said several law enforcement organizations, including the Fraternal Order of Police, support the bill, as do several Republican organizations.
“And the state GOP, with a resolution, supports being tough on marijuana and keeping marijuana from becoming normalized in our state, and use of it,” Skaug said Tuesday. “Not long ago, all 50 states of this nation outlawed marijuana.”
“Tell me what state – anybody who debates against this bill – what state is a better place because of the passage of marijuana legalization?” Skaug asked. “I submit none.”
Opponents of marijuana bill question need to take away judges’ discretion during sentencing
House Minority Leader Ilana Rubel, D-Boise, argued against passing the bill Tuesday. Rubel said there is no reason to take away judges’ discretion and implement mandatory minimum fines. Rubel said many Idahoans, including disabled U.S. Air Force veteran Jeremy Kitzhaber, would like to be able to use cannabis medically to treat pain and stimulate their appetite.
Kitzhaber, who has stage four cancer, testified last week before a legislative committee that his doctors told him they wished medical cannabis was a legal treatment option for Kitzhaber, who lost more than 40 pounds while going through chemotherapy treatments.
“(Kitzhaber) is in constant agony, and his only alternative is opioids, which completely destroyed his system,” Rubel said Tuesday. “He’s actually had to be hospitalized several times from the impact the opioids have on his system, and really the only safe painkiller he can take is cannabis.”
“Again, this bill is not about medical cannabis, but it is about whether we’re going to make the lives of folks like Sgt. Kitzhaber even harder,” Rubel added.
In the end, five House Republicans joined the nine Democrats in opposing the bill. Reps. Kevin Andrus, R-Lava Hot Springs; Robert Beiswenger, R-Horseshoe Bend; David Cannon, R-Blackfoot; Jack Nelson, R-Jerome; and Mark Sauter, R-Sandpoint, joined Democrats in opposing the bill.
Sauter said he opposed the bill after checking with a judge in his home district.
This year’s marijuana mandatory minimum fine bill is similar to an unsuccessful bill Skaug pushed last year, House Bill 606, that would have created a mandatory minimum fine of $420 for marijuana possession. Last year, the House Judiciary, Rules and Administration Committee killed House Bill 606 after several legislators complained about taking away judges’ discretion.
House Bill 7 heads next to the Idaho Senate for consideration.
This story first appeared on Idaho Capital Sun.