Steep minimum fine for marijuana possession is just one step from becoming Idaho law
The Idaho Legislature’s ongoing battle with a drug that’s already illegal got another dose of support this week.
A bill to mandate $300 minimum fines for low-level marijuana possession took another step toward becoming law Tuesday, the same day a House committee introduced a proposal to ban all cannabis advertisements in the state.
House Bill 7, sponsored by Rep. Bruce Skaug, R-Nampa, would make the minimum fine for possessing even a small amount of marijuana higher than almost any other misdemeanor in Idaho, including a number of violent crimes, such as assault, battery, domestic violence and attempted strangulation.
The bill mandates that anyone 18 or older pay no less than a $300 fine for misdemeanor marijuana possession.
Sentencing guidelines for misdemeanors in Idaho are generally up to $1,000 in penalties and up to a year in jail, but judges have the discretion to impose a range of penalties. Defendants must also generally pay for court costs and fees related to their case, which are separate from a fine and typically total hundreds of dollars.
Skaug, who co-sponsored the bill with Rep. Jordan Redman, R-Coeur d’Alene, said at a public hearing for the bill last month that “we do not want this to become a marijuana state.”
Almost every state surrounding Idaho has legalization of some sort, whether it’s for medical and recreational cannabis (Oregon, Washington, Nevada, Montana) or just medical (Utah). In fact, Idaho joins only Wyoming, South Carolina and Kansas as states where it is fully illegal.
Mandatory minimum penalties typically apply to more serious drug-related violations, said Paul Armentano, deputy director of NORML, which stands for the National Organization for the Reform of Marijuana Laws, a group that advocates for the legalization of marijuana. Armentano told the Idaho Statesman that he is unaware of any other state that imposed mandatory minimum penalties for marijuana possession.
The bill passed Tuesday on the Senate floor by a 27-8 vote, with Sens. Phil Hart, R-Kellogg, and Jim Guthrie, R-McCammon, joining the chamber’s six Democrats in opposition. The bill passed in the House last month and now heads to Republican Gov. Brad Little’s desk for his consideration.
Lawmaker targets ads for pot shops in neighboring states
Earlier on Tuesday, Rep. Judy Boyle, R-Midvale, reintroduced a bill that would ban advertisements of products or services that are illegal in the state. House Bill 271 aims to block ads in Idaho for marijuana shops that are out of state.
Boyle sponsored a similar bill last year, which passed the House but failed to make it through the Senate.
“So we’re trying it again,” she said Tuesday. This year’s bill clarifies the definition of “illegal” products and services, including those that violate federal, state or local laws where they are being offered.
“It does not cover things like abortion that we would like to make illegal, or prostitution, some of those other things,” Boyle said.
Members of the House State Affairs Committee voted unanimously Tuesday to introduce the bill for a future public hearing.
This story was originally published February 19, 2025 at 4:00 AM.
