Idaho Senate passes mandatory minimum $300 fine for marijuana possession
In this file photo, Tim Blakeley, manager of Sunset Junction medical marijuana dispensary, shows marijuana plant buds on May 11, 2010, in Los Angeles, California. ()
The Idaho Senate voted 27-8 on Tuesday to pass a bill creating a mandatory minimum fine of $300 for simple marijuana possession.
Passing the Senate was the final legislative hurdle for the bill. The Idaho House of Representatives already voted 54-14 to pass the bill Jan. 21.
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House Bill 7 next heads to Gov. Brad Little's desk for final consideration. Once it reaches his desk, Little will have three options. He can sign it into law, he can allow it to become law without his signature or he can veto it.
If the bill becomes law it would take effect July 1.
House Bill 7 was co-sponsored by Sen. Brandon Shippy, R-New Plymouth. If passed into law, it would create a mandatory minimum fine of $300 for anybody 18 and over convicted of possessing less than 3 ounces of marijuana – in addition to any other penalties allowed by law.
Supporters of the bill said it is a way to be tough on marijuana and differentiate Idaho from its neighboring states. Most of Idaho's neighboring states allow for the recreational or medical use of cannabis. Oregon, Washington, Nevada and Montana allow the recreational sale and possession of cannabis, while Utah offers medical cannabis.
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'Not long ago, marijuana was illegal in all 50 states,' Shippy said. 'In not one state where marijuana is legalized has that state become a better, safer or more wealthy place to live and raise a family.'
Some opponents of the bill argued against creating a mandatory minimum fine, saying it removes discretion that judges and prosecutors exercise on a case-by-case basis.
The bill is similar to a failed bill from last year, House Bill 606, which would have created a mandatory minimum fine of $420 for marijuana possession.
'Research studies show that fines are not always a deterrent to behavior, and we know that legislation was (put forward) in another year that had the fine actually at $420 and that didn't (pass) and now we're at $300,' said Senate Minority Leader Melissa Wintrow, D-Boise. 'So I'm wondering about the arbitrary nature of where we're setting.'
After a short debate, the Idaho Senate voted 27-8 to pass the bill.
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