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Yahoo
17-04-2025
- Politics
- Yahoo
Legalized marijuana hits roadblocks after years of expansion
A recreational marijuana user smokes weed in the Bushwick section of the Brooklyn borough of New York City. This year, marijuana advocates are playing defense in multiple state legislatures. () As every state surrounding Idaho legalized marijuana, state Rep. Bruce Skaug started to view it as inevitable that the Gem State would follow suit. Not anymore. Skaug, a Republican, supported two bills this legislative session taking aim at marijuana use: one to impose a mandatory minimum $300 fine for possession and another that would take away the right of voters to legalize pot at the ballot box. He believes other states are starting to regret liberalizing marijuana use, because of potential health concerns and lackluster revenues from marijuana sales. 'Looking around at other states that have legalized marijuana, it's not improved their states as a place to raise a family, to do business,' he said. 'It just hasn't come through with the promises that we heard years ago for those states.' Idaho's not alone. After years of expanding legal access, lawmakers in several states this year have targeted marijuana in various ways. To help close budget gaps, officials in Maryland, Michigan and New Jersey have proposed raising marijuana taxes. Health concerns have pushed lawmakers in states including Colorado and Montana to attempt to cap the level of tetrahydrocannabinol, or THC, the primary psychoactive component in cannabis, in marijuana products sold at dispensaries. And some lawmakers have even tried to roll back voter-approved medical marijuana programs. Looking around at other states that have legalized marijuana, it's not improved their states. – Idaho Republican state Rep. Bruce Skaug 'This year in particular, we're playing defense a lot more than we have in the past,' said Morgan Fox, political director at the advocacy group National Organization for the Reform of Marijuana Laws, or NORML. To some extent, he said, the pendulum on marijuana liberalization is swinging back. But Fox said recent legislative efforts are not indicative of waning public support for legalization. He said prohibitionist politicians have been emboldened to act against the will of voters. Polling from the Pew Research Center has found little change in support for legalization in recent years: 57% of U.S. adults say that marijuana should be legal for medical and recreational purposes. Indiana Republican leadership seems as opposed as ever to marijuana legalization. In fact, this year bills are moving to ban advertising the illegal product in the state. Colorado and Washington state began allowing recreational marijuana sales in 2014. Today, 24 states and the District of Columbia allow recreational sales, and 39 states and the district have sanctioned medical marijuana. 'There's been this air of inevitability for a while,' said Daniel Mallinson, an associate professor of public policy at Penn State Harrisburg who researches marijuana legalization. With medical marijuana programs operational in most states, Mallinson said there is pressure to expand recreational marijuana, especially given uncertainty over whether the federal government will act on the issue. 'Recreational is still in its takeoff period,' he said. But he acknowledged that new medical research has raised concerns among some lawmakers. One study published in January found a link between heavy marijuana use and memory function. Other studies have found a higher risk of heart attacks among people who use cannabis. Mallinson said the research on marijuana is 'very young,' as many institutions are wary of conducting clinical trials because of federal drug laws. The federal government classifies marijuana as a Schedule I drug — the same classification as drugs such as heroin and ecstasy. 'There's a mixture of science and politics in this area,' he said. ' … I could imagine seeing in these really conservative states like Idaho, you know, this kind of a backlash, like, we don't want this here at all, so we're going to try to put up barriers to even considering it.' In Idaho, Skaug said he pursued the state's new mandatory $300 fine for marijuana possession to bring more consistency to how the state handles marijuana cases. While Idaho law previously allowed fines of up to $1,000, he said judges had issued fines as low as $2.50. Pot smell and safety concerns ignite disputes over public smoking 'So that wasn't the right message. That's not even worth the time to write the ticket,' he said. 'So it's not that we're going to arrest more people for misdemeanor possession of marijuana, but there will be more citations in the amount of $300.' Skaug also backed a proposed constitutional amendment that would give only the legislature the power to legalize marijuana and other drugs. That question will go to voters next year. Skaug said he's worried outside groups would influence a public vote to legalize marijuana by pouring millions into a ballot initiative campaign. If the amendment he supports passes, it wouldn't ban pot — it would leave legalization up to lawmakers. 'If the evidence comes back that says marijuana or some other drug is positive in the medical community and a good thing, then the legislature can legalize that,' he said. 'But we're going to leave it with the legislature.' Advocates have been trying without success to get enough signatures to put a medical marijuana question on the ballot for more than a decade in Idaho, said Democratic state Rep. Ilana Rubel. The House minority leader, Rubel said she hit 'a firm brick wall' in pitching medical marijuana legislation in Boise, where GOP lawmakers privately tell her they don't want to look soft on crime. She views the proposed amendment as another example of the GOP-controlled statehouse being out of touch with regular Idahoans. She said the state's closed Republican primaries have led to more conservative stances from lawmakers. 'I think this is one of those issues where there is just a huge, huge gap between what the people of Idaho want and what they're going to get from their legislature,' she said. A 2022 poll commissioned by the Idaho Statesman found that nearly 70% of Idahoans supported legalizing medical marijuana. But even discussions about medical marijuana are shut down in Idaho because of concerns about problems with drugs in liberal cities such as Portland, Oregon, and Seattle, Rubel said. 'A very large number of red states have legalized medical marijuana, and they haven't seen any of the parade of horribles that has been presented whenever we introduce this idea,' she said. 'There's just a lot of hysteria and paranoia about where this is going to lead that is really not tied to reality.' In several states, lawmakers have aimed to restrict the potency of marijuana products. Montana state Sen. Greg Hertz, a Republican, said he doesn't want to end recreational marijuana sales, which voters approved in 2020. But he said today's products are much stronger than people may realize. 'People were voting for Woodstock weed, not this new high-THC marijuana,' he said. A bill he sponsored this year would have banned sales of recreational marijuana products, including flower and edibles, exceeding THC levels of 15%. Montana currently allows up to 35% THC in flower, with no limit on other products. That legislation stalled, but Hertz said he plans to pitch a similar measure during Montana's next legislative session in 2027. A separate bill reducing the state's dosage of THC for edibles just passed the legislature last week. The measure, which now heads to Republican Gov. Greg Gianforte, would change the individual dosage limit on edibles such as gummies from 10 milligrams to 5 milligrams. Hertz said the state rushed into its liberalization of marijuana without fully understanding the consequences. He pointed to state health department data showing rising emergency room visits related to marijuana and dozens of cannabis poisoning cases in recent years — including 36 involving children 10 years or younger. 'We probably opened up the barn door too wide,' he said. 'I'm just trying to slow this down a little bit.' With many states facing gaping budget holes this year, marijuana has proven a popular target from Democrats and Republicans looking to raise revenues without across-the-board tax increases. CONTACT US Maryland Democratic Gov. Wes Moore in January proposed hiking the cannabis tax from 9% to 15% to help close the state's $3 billion budget hole. In March, lawmakers agreed to a budget framework that would raise the state marijuana tax to 12%. Ohio Republican Gov. Mike DeWine proposed doubling marijuana taxes from 10% to 20% — a notion that has so far faced opposition in the legislature. In Michigan, Democratic Gov. Gretchen Whitmer proposed a new 32% wholesale tax on marijuana growers to help fund road improvements. That tax would be on top of the 10% excise tax on recreational marijuana and the state's 6% sales tax. Whitmer said it would close a loophole that has exempted the marijuana industry from wholesale tax, which is applied to cigarettes and other tobacco products. Michigan lawmakers, split sharply along partisan lines, have until Sept. 30 to approve a state budget. Lawmakers in some states have even taken aim at voter-approved medical marijuana programs this year. In South Dakota, a bill that failed in committee would have gutted the medical marijuana program overwhelmingly approved by voters in 2020. In November, Nebraska voters widely supported ballot measures to roll out a medical marijuana program — winning majority support in each of the state's 49 legislative districts. But setting up the regulatory scheme has proven controversial, the Nebraska Examiner reported. Lawmakers are pursuing legislation that would define which medical conditions and forms of cannabis would qualify. Medical marijuana advocates say overly strict rules would hamper the program and undermine the will of voters. But some legislators insist on limitations to prevent widespread access to marijuana. 'We make it legal for anything and everything, it's essentially recreational marijuana at that point,' state Sen. Rick Holdcroft, a Republican, told the Nebraska Examiner this month. Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@
Yahoo
16-04-2025
- Politics
- Yahoo
State-by-state marijuana legalization hits roadblocks after years of expansion
A recreational marijuana smoker indulges in smoking weed on April 14, 2020 in the Bushwick section of the Brooklyn borough of New York City. (Photo by) As every state surrounding Idaho legalized marijuana, state Rep. Bruce Skaug started to view it as inevitable that the Gem State would follow suit. Not anymore. Skaug, a Republican, supported two bills this legislative session taking aim at marijuana use: one to impose a mandatory minimum $300 fine for possession and another that would take away the right of voters to legalize pot at the ballot box. He believes other states are starting to regret liberalizing marijuana use, because of potential health concerns and lackluster revenues from marijuana sales. 'Looking around at other states that have legalized marijuana, it's not improved their states as a place to raise a family, to do business,' he said. 'It just hasn't come through with the promises that we heard years ago for those states.' Idaho's not alone. After years of expanding legal access, lawmakers in several states this year have targeted marijuana in various ways. To help close budget gaps, officials in Maryland, Michigan and New Jersey have proposed raising marijuana taxes. Health concerns have pushed lawmakers in states including Colorado and Montana to attempt to cap the level of tetrahydrocannabinol, or THC, the primary psychoactive component in cannabis, in marijuana products sold at dispensaries. And some lawmakers have even tried to roll back voter-approved medical marijuana programs. 'This year in particular, we're playing defense a lot more than we have in the past,' said Morgan Fox, political director at the advocacy group National Organization for the Reform of Marijuana Laws, or NORML. To some extent, he said, the pendulum on marijuana liberalization is swinging back. But Fox said recent legislative efforts are not indicative of waning public support for legalization. He said prohibitionist politicians have been emboldened to act against the will of voters. Polling from the Pew Research Center has found little change in support for legalization in recent years: 57% of U.S. adults say that marijuana should be legal for medical and recreational purposes. Colorado and Washington state began allowing recreational marijuana sales in 2014. Today, 24 states and the District of Columbia allow recreational sales, and 39 states and the district have sanctioned medical marijuana. 'There's been this air of inevitability for a while,' said Daniel Mallinson, an associate professor of public policy at Penn State Harrisburg who researches marijuana legalization. With medical marijuana programs operational in most states, Mallinson said there is pressure to expand recreational marijuana, especially given uncertainty over whether the federal government will act on the issue. 'Recreational is still in its takeoff period,' he said. But he acknowledged that new medical research has raised concerns among some lawmakers. One study published in January found a link between heavy marijuana use and memory function. Other studies have found a higher risk of heart attacks among people who use cannabis. Mallinson said the research on marijuana is 'very young,' as many institutions are wary of conducting clinical trials because of federal drug laws. The federal government classifies marijuana as a Schedule I drug — the same classification as drugs such as heroin and ecstasy. 'There's a mixture of science and politics in this area,' he said. ' … I could imagine seeing in these really conservative states like Idaho, you know, this kind of a backlash, like, we don't want this here at all, so we're going to try to put up barriers to even considering it.' In Idaho, Skaug said he pursued the state's new mandatory $300 fine for marijuana possession to bring more consistency to how the state handles marijuana cases. While Idaho law previously allowed fines of up to $1,000, he said judges had issued fines as low as $2.50. 'So that wasn't the right message. That's not even worth the time to write the ticket,' he said. 'So it's not that we're going to arrest more people for misdemeanor possession of marijuana, but there will be more citations in the amount of $300.' Skaug also backed a proposed constitutional amendment that would give only the legislature the power to legalize marijuana and other drugs. That question will go to voters next year. Skaug said he's worried outside groups would influence a public vote to legalize marijuana by pouring millions into a ballot initiative campaign. If the amendment he supports passes, it wouldn't ban pot — it would leave legalization up to lawmakers. 'If the evidence comes back that says marijuana or some other drug is positive in the medical community and a good thing, then the legislature can legalize that,' he said. 'But we're going to leave it with the legislature.' Advocates have been trying without success to get enough signatures to put a medical marijuana question on the ballot for more than a decade in Idaho, said Democratic state Rep. Ilana Rubel. The House minority leader, Rubel said she hit 'a firm brick wall' in pitching medical marijuana legislation in Boise, where GOP lawmakers privately tell her they don't want to look soft on crime. She views the proposed amendment as another example of the GOP-controlled statehouse being out of touch with regular Idahoans. She said the state's closed Republican primaries have led to more conservative stances from lawmakers. 'I think this is one of those issues where there is just a huge, huge gap between what the people of Idaho want and what they're going to get from their legislature,' she said. A 2022 poll commissioned by the Idaho Statesman found that nearly 70% of Idahoans supported legalizing medical marijuana. But even discussions about medical marijuana are shut down in Idaho because of concerns about problems with drugs in liberal cities such as Portland, Oregon, and Seattle, Rubel said. 'A very large number of red states have legalized medical marijuana, and they haven't seen any of the parade of horribles that has been presented whenever we introduce this idea,' she said. 'There's just a lot of hysteria and paranoia about where this is going to lead that is really not tied to reality.' In several states, lawmakers have aimed to restrict the potency of marijuana products. Montana state Sen. Greg Hertz, a Republican, said he doesn't want to end recreational marijuana sales, which voters approved in 2020. But he said today's products are much stronger than people may realize. 'People were voting for Woodstock weed, not this new high-THC marijuana,' he said. A bill he sponsored this year would have banned sales of recreational marijuana products, including flower and edibles, exceeding THC levels of 15%. Montana currently allows up to 35% THC in flower, with no limit on other products. That legislation stalled, but Hertz said he plans to pitch a similar measure during Montana's next legislative session in 2027. A separate bill reducing the state's dosage of THC for edibles just passed the legislature last week. The measure, which now heads to Republican Gov. Greg Gianforte, would change the individual dosage limit on edibles such as gummies from 10 milligrams to 5 milligrams. Hertz said the state rushed into its liberalization of marijuana without fully understanding the consequences. He pointed to state health department data showing rising emergency room visits related to marijuana and dozens of cannabis poisoning cases in recent years — including 36 involving children 10 years or younger. 'We probably opened up the barn door too wide,' he said. 'I'm just trying to slow this down a little bit.' With many states facing gaping budget holes this year, marijuana has proven a popular target from Democrats and Republicans looking to raise revenues without across-the-board tax increases. Maryland Democratic Gov. Wes Moore in January proposed hiking the cannabis tax from 9% to 15% to help close the state's $3 billion budget hole. In March, lawmakers agreed to a budget framework that would raise the state marijuana tax to 12%. Ohio Republican Gov. Mike DeWine proposed doubling marijuana taxes from 10% to 20% — a notion that has so far faced opposition in the legislature. In Michigan, Democratic Gov. Gretchen Whitmer proposed a new 32% wholesale tax on marijuana growers to help fund road improvements. That tax would be on top of the 10% excise tax on recreational marijuana and the state's 6% sales tax. Whitmer said it would close a loophole that has exempted the marijuana industry from wholesale tax, which is applied to cigarettes and other tobacco products. Michigan lawmakers, split sharply along partisan lines, have until Sept. 30 to approve a state budget. Lawmakers in some states have even taken aim at voter-approved medical marijuana programs this year. In South Dakota, a bill that failed in committee would have gutted the medical marijuana program overwhelmingly approved by voters in 2020. In November, Nebraska voters widely supported ballot measures to roll out a medical marijuana program — winning majority support in each of the state's 49 legislative districts. But setting up the regulatory scheme has proven controversial, the Nebraska Examiner reported. Lawmakers are pursuing legislation that would define which medical conditions and forms of cannabis would qualify. Medical marijuana advocates say overly strict rules would hamper the program and undermine the will of voters. But some legislators insist on limitations to prevent widespread access to marijuana. 'We make it legal for anything and everything, it's essentially recreational marijuana at that point,' state Sen. Rick Holdcroft, a Republican, told the Nebraska Examiner this month. Stateline and the Nebraska Examiner are part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@ SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
15-04-2025
- Politics
- Yahoo
Marijuana legalization hits roadblocks after years of expansion
A recreational marijuana user smokes weed in the Bushwick section of the Brooklyn borough of New York City. This year, marijuana advocates are playing defense in multiple state legislatures. () As every state surrounding Idaho legalized marijuana, state Rep. Bruce Skaug started to view it as inevitable that the Gem State would follow suit. Not anymore. Skaug, a Republican, supported two bills this legislative session taking aim at marijuana use: one to impose a mandatory minimum $300 fine for possession and another that would take away the right of voters to legalize pot at the ballot box. He believes other states are starting to regret liberalizing marijuana use, because of potential health concerns and lackluster revenues from marijuana sales. 'Looking around at other states that have legalized marijuana, it's not improved their states as a place to raise a family, to do business,' he said. 'It just hasn't come through with the promises that we heard years ago for those states.' Idaho's not alone. After years of expanding legal access, lawmakers in several states this year have targeted marijuana in various ways. To help close budget gaps, officials in Maryland, Michigan and New Jersey have proposed raising marijuana taxes. Health concerns have pushed lawmakers in states including Colorado and Montana to attempt to cap the level of tetrahydrocannabinol, or THC, the primary psychoactive component in cannabis, in marijuana products sold at dispensaries. And some lawmakers have even tried to roll back voter-approved medical marijuana programs. Looking around at other states that have legalized marijuana, it's not improved their states. – Idaho Republican state Rep. Bruce Skaug 'This year in particular, we're playing defense a lot more than we have in the past,' said Morgan Fox, political director at the advocacy group National Organization for the Reform of Marijuana Laws, or NORML. To some extent, he said, the pendulum on marijuana liberalization is swinging back. But Fox said recent legislative efforts are not indicative of waning public support for legalization. He said prohibitionist politicians have been emboldened to act against the will of voters. Polling from the Pew Research Center has found little change in support for legalization in recent years: 57% of U.S. adults say that marijuana should be legal for medical and recreational purposes. Colorado and Washington state began allowing recreational marijuana sales in 2014. Today, 24 states and the District of Columbia allow recreational sales, and 39 states and the district have sanctioned medical marijuana. 'There's been this air of inevitability for a while,' said Daniel Mallinson, an associate professor of public policy at Penn State Harrisburg who researches marijuana legalization. With medical marijuana programs operational in most states, Mallinson said there is pressure to expand recreational marijuana, especially given uncertainty over whether the federal government will act on the issue. 'Recreational is still in its takeoff period,' he said. But he acknowledged that new medical research has raised concerns among some lawmakers. One study published in January found a link between heavy marijuana use and memory function. Other studies have found a higher risk of heart attacks among people who use cannabis. Mallinson said the research on marijuana is 'very young,' as many institutions are wary of conducting clinical trials because of federal drug laws. The federal government classifies marijuana as a Schedule I drug — the same classification as drugs such as heroin and ecstasy. 'There's a mixture of science and politics in this area,' he said. ' … I could imagine seeing in these really conservative states like Idaho, you know, this kind of a backlash, like, we don't want this here at all, so we're going to try to put up barriers to even considering it.' In Idaho, Skaug said he pursued the state's new mandatory $300 fine for marijuana possession to bring more consistency to how the state handles marijuana cases. While Idaho law previously allowed fines of up to $1,000, he said judges had issued fines as low as $2.50. Pot smell and safety concerns ignite disputes over public smoking 'So that wasn't the right message. That's not even worth the time to write the ticket,' he said. 'So it's not that we're going to arrest more people for misdemeanor possession of marijuana, but there will be more citations in the amount of $300.' Skaug also backed a proposed constitutional amendment that would give only the legislature the power to legalize marijuana and other drugs. That question will go to voters next year. Skaug said he's worried outside groups would influence a public vote to legalize marijuana by pouring millions into a ballot initiative campaign. If the amendment he supports passes, it wouldn't ban pot — it would leave legalization up to lawmakers. 'If the evidence comes back that says marijuana or some other drug is positive in the medical community and a good thing, then the legislature can legalize that,' he said. 'But we're going to leave it with the legislature.' Advocates have been trying without success to get enough signatures to put a medical marijuana question on the ballot for more than a decade in Idaho, said Democratic state Rep. Ilana Rubel. The House minority leader, Rubel said she hit 'a firm brick wall' in pitching medical marijuana legislation in Boise, where GOP lawmakers privately tell her they don't want to look soft on crime. She views the proposed amendment as another example of the GOP-controlled statehouse being out of touch with regular Idahoans. She said the state's closed Republican primaries have led to more conservative stances from lawmakers. 'I think this is one of those issues where there is just a huge, huge gap between what the people of Idaho want and what they're going to get from their legislature,' she said. A 2022 poll commissioned by the Idaho Statesman found that nearly 70% of Idahoans supported legalizing medical marijuana. But even discussions about medical marijuana are shut down in Idaho because of concerns about problems with drugs in liberal cities such as Portland, Oregon, and Seattle, Rubel said. 'A very large number of red states have legalized medical marijuana, and they haven't seen any of the parade of horribles that has been presented whenever we introduce this idea,' she said. 'There's just a lot of hysteria and paranoia about where this is going to lead that is really not tied to reality.' In several states, lawmakers have aimed to restrict the potency of marijuana products. Montana state Sen. Greg Hertz, a Republican, said he doesn't want to end recreational marijuana sales, which voters approved in 2020. But he said today's products are much stronger than people may realize. Drug decriminalization stumbled in Oregon. Other states are taking note. 'People were voting for Woodstock weed, not this new high-THC marijuana,' he said. A bill he sponsored this year would have banned sales of recreational marijuana products, including flower and edibles, exceeding THC levels of 15%. Montana currently allows up to 35% THC in flower, with no limit on other products. That legislation stalled, but Hertz said he plans to pitch a similar measure during Montana's next legislative session in 2027. A separate bill reducing the state's dosage of THC for edibles just passed the legislature last week. The measure, which now heads to Republican Gov. Greg Gianforte, would change the individual dosage limit on edibles such as gummies from 10 milligrams to 5 milligrams. Hertz said the state rushed into its liberalization of marijuana without fully understanding the consequences. He pointed to state health department data showing rising emergency room visits related to marijuana and dozens of cannabis poisoning cases in recent years — including 36 involving children 10 years or younger. 'We probably opened up the barn door too wide,' he said. 'I'm just trying to slow this down a little bit.' With many states facing gaping budget holes this year, marijuana has proven a popular target from Democrats and Republicans looking to raise revenues without across-the-board tax increases. Maryland Democratic Gov. Wes Moore in January proposed hiking the cannabis tax from 9% to 15% to help close the state's $3 billion budget hole. In March, lawmakers agreed to a budget framework that would raise the state marijuana tax to 12%. Ohio Republican Gov. Mike DeWine proposed doubling marijuana taxes from 10% to 20% — a notion that has so far faced opposition in the legislature. The Colorado psychedelic mushroom experiment has arrived In Michigan, Democratic Gov. Gretchen Whitmer proposed a new 32% wholesale tax on marijuana growers to help fund road improvements. That tax would be on top of the 10% excise tax on recreational marijuana and the state's 6% sales tax. Whitmer said it would close a loophole that has exempted the marijuana industry from wholesale tax, which is applied to cigarettes and other tobacco products. Michigan lawmakers, split sharply along partisan lines, have until Sept. 30 to approve a state budget. Lawmakers in some states have even taken aim at voter-approved medical marijuana programs this year. In South Dakota, a bill that failed in committee would have gutted the medical marijuana program overwhelmingly approved by voters in 2020. In November, Nebraska voters widely supported ballot measures to roll out a medical marijuana program — winning majority support in each of the state's 49 legislative districts. But setting up the regulatory scheme has proven controversial, the Nebraska Examiner reported. Lawmakers are pursuing legislation that would define which medical conditions and forms of cannabis would qualify. Medical marijuana advocates say overly strict rules would hamper the program and undermine the will of voters. But some legislators insist on limitations to prevent widespread access to marijuana. 'We make it legal for anything and everything, it's essentially recreational marijuana at that point,' state Sen. Rick Holdcroft, a Republican, told the Nebraska Examiner this month. Stateline reporter Kevin Hardy can be reached at khardy@ SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
03-04-2025
- Politics
- Yahoo
Idaho expands death penalty to child predators
The state of Idaho recently passed a bill that was signed into law that would expand the death penalty to pedophiles. It also became the first state in the union to make a firing squad its preferred method of execution in modern times. The bill, HB380, now grants a judge or jury the ability to factor in the death penalty when crimes involving lewd conduct to a child under the age of 12 are proven in a trial. State law initially only allowed the death penalty in first-degree murder cases with aggravating circumstances. A mandatory minimum sentence of 25 years imprisonment, with a possible maximum term of life, may be imposed if the defendant is found guilty of kidnapping the victim or participating in human trafficking 'during the commission of or to accomplish the lewd conduct,' according to the bill's language, strengthening punishments for other convictions where obscene behavior against a minor — aged 16 and younger — was confirmed but didn't meet death penalty eligibility. The Idaho Legislature nearly passed the bill unanimously. Only five senators opposed it during its bill cycle. Cosponsored by Rep. Bruce Skaug, R-Nampa, and House Assistant Majority Leader Josh Tanner, R-Eagle, in the bill's statement of purpose, the lawmakers stated that Idaho is too lenient in terms of penalizing convicted child molesters. Skaug said in a House Judiciary, Rules and Administration Committee meeting that HB380 'establishes a strong deterrent, making it clear Idaho will not tolerate these offenses.' Idaho Gov. Brad Little agreed. After signing the bill into law last week, Little issued a detailed statement on Tuesday regarding his reasons for approving HB380. 'Just like capital murder destroys lives, aggravated sexual abuse of a young child devastates victims and families for generations. The sexual abuse of children is sickening and evil, and perpetrators convicted of these crimes deserve the ultimate punishment,' he said, expressing gratitude to the Legislature 'for strengthening Idaho's already powerful 'tough on crime' reputation among the states.' In 2008, the U.S. Supreme Court ruled out the death sentence for child rape in a 5-4 decision. The justices concluded that it was 'not a proportional punishment for the rape of a child' and that it violated the Eighth Amendment's ban on cruel and unusual punishment, as former Justice Anthony Kennedy stated, according to The New York Times. The decision stemmed from the case Kennedy v. Louisiana, where a Louisiana court found Patrick Kennedy guilty of raping his 8-year-old stepdaughter. The state Supreme Court upheld the district court decision to pursue the death penalty, ultimately leading Kennedy to appeal to the U.S. Supreme Court, where its decision was made. In the past two years, both Tennessee and Florida have passed death penalty laws involving child rape cases. Rep. Skaug told lawmakers during a committee meeting that he believes the U.S. Supreme Court would rule differently today if the constitutionality of HB380 was brought before them, per Idaho Capital Sun. 'You can say, 'Well, that's unconstitutional, Bruce. Why would you bring that?' Well, it was — according to a 5-4 decision in 2008. I don't think that would be the case today,' Skaug said. 'That's my professional opinion. That's the opinion of many other attorneys.' There are currently eight men and one woman on death row in Idaho, and only three executions have taken place in the state since 1977. Idaho, South Carolina, Oklahoma, Mississippi and Utah are the only states that authorize firing squads as a form of capital punishment. Idaho's recent change in laws to establish a firing squad as its primary execution method occurred less than a week after three volunteer prison employees in South Carolina executed Brad Sigmon, 67, for the 2001 murders of his girlfriend's parents — marking the first use of a firing squad in 15 years. Until Sigmon's death, Utah was the last to perform capital punishment by gunfire in 2010 — Ronnie Lee Gardner was executed for shooting and killing an attorney while trying to escape from a Salt Lake City courthouse. He became the third death by firing squad in the state since a nationwide moratorium on the death penalty was lifted in 1976. Death by shooting as a form of capital punishment has been the fate of more than 140 inmates since 1608, though it's unclear how many were firing squads, according to The New York Times. Of those, 40 occurred in Utah, more than any other state.
Yahoo
27-03-2025
- Politics
- Yahoo
Idaho governor signs into law child sex abuse death penalty bill, despite U.S. Supreme Court ruling
Idaho Gov. Brad Little gives his annual State of the State address on Jan. 6, 2025, on the House floor at the Statehouse in Boise. (Pat Sutphin for the Idaho Capital Sun) Idaho Gov. Brad Little signed into law a bill to make people who sexually abuse young children in Idaho eligible for the death penalty. House Bill 380 will allow the death penalty in a new criminal charge the bill creates: aggravated lewd conduct with children age 12 and younger. The bill also would add mandatory minimum prison sentences for cases of aggravated lewd conduct with minors that don't meet the bill's proposed criteria for death penalty eligibility. The new crime would only apply to abuse of children age 16 and below. Little signed the bill Wednesday morning, according to the governor's office legislation tracker. He told the Idaho Capital Sun in a written statement that he signed the bill 'because heinous sex crimes against children destroy lives, and the perpetrators deserve the ultimate punishment.' The Idaho Legislature widely passed the bill, with only five votes against in the Senate and none in the House. The bill was cosponsored by Rep. Bruce Skaug, R-Nampa, House Assistant Majority Leader Josh Tanner, R-Eagle, and over a half dozen other Idaho lawmakers. Skaug has told lawmakers Idaho has some of the nation's most lenient child rape laws. The bill takes effect July 1. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The U.S. Supreme Court in 2008 blocked death penalties for child rape in Kennedy v. Louisiana. Florida passed a child rape death penantly law two years ago. Last year, Tennesee passed a child rape death penalty law. Idaho will be only state with firing squad as main execution method, after governor signs bill Bracing for a legal challenge to the bill, Skaug told lawmakers he expects the U.S. Supreme Court would rule differently. 'You can say, 'Well, that's unconstitutional, Bruce. Why would you bring that?' Well, it was — according to a 5-4 decision in 2008. I don't think that would be the case today,' Skaug, an attorney, told lawmakers in a House committee hearing. 'That's my professional opinion. That's the opinion of many other attorneys.' The American Civil Liberties Union of Idaho, or ACLU, strongly opposes the bill. 'Choosing to make this bill law not only demonstrates an arrogant disregard for legal precedent from our country's highest court, but it would also have devastating consequences that victims, their families, and wrongfully convicted people would be unable to reverse,' ACLU of Idaho spokesperson Rebecca De León told the Idaho Capital Sun in a prepared statement. 'This law will vastly increase death penalty prosecutions in Idaho, burdening an already flawed criminal legal system prone to wrongful convictions, inadequate public defense, and racial disparities.' Skaug has said the death penalty would be rarely sought under his bill. Nine people are on death row in Idaho, according to the Idaho Department of Correction. Idaho law only allows the death penalty in first-degree murder cases with aggravating circumstances. Little also recently signed a bill into law that will make the Gem State the only state to use firing squads as its main execution method. Skaug also cosponsored that bill. This year's child sex abuse death penalty bill is Skaug and Tanner's second attempt at such a bill. Last year, another bill they brought widely passed the House but never received a Senate committee hearing. Their new bill that passed will establish the new crime, and mandatory minimums criminal sentences. For instance, the bill's proposed mandatory minimum sentence for aggravated lewd conduct with minors under age 16 would carry at least 25 years in prison. Under the bill, lewd conduct with a minor would include but is not limited to 'genital-genital contact, oral-genital contact, anal-genital contact, oral-anal contact, manual-anal contact, or manual-genital contact' when such acts are meant to arouse, appeal to or gratify 'lust or passions or sexual desires.' CONTACT US The bill outlines more than a dozen aggravating factors under which prosecutors can seek the death penalty. Only three are required to seek the death penalty, which would only be available in cases of aggravated lewd conduct against minors age 12 and younger. Public testimony has been largely supportive of the bill. But in a Senate committee hearing on the bill, David Martinez of the Idaho Association of Criminal Defense Lawyers testified against the bill, saying at least three of the bill's aggravating factors were already present in almost every lewd conduct case he has handled or supervised. He also argued the bill doesn't focus on 'the worst of the worst,' could potentially expose victims of decades of reliving trauma, and fails to account for Idaho's shortage of qualified death penalty defense attorneys. Holly Rebholtz, representing the Idaho Prosecuting Attorneys Association, said she disagreed, saying the new aggravated lewd conduct crime wouldn't be charged very often. 'I don't think these crimes are going to come into play very often. But when they do, they are the most serious crimes we see. And again, the prosecutors believe that the most serious crimes against children deserve a serious punishment,' she testified. SUPPORT: YOU MAKE OUR WORK POSSIBLE
