Idaho: Lawmakers Advance Legislation to Governor’s Desk Imposing Mandatory Minimum Penalties for Low-Level Marijuana Possession

Republican lawmakers have approved legislation, HB 7, imposing mandatory minimum fines for those convicted of low-level marijuana possession offenses.

Senators approved the measure on Tuesday by a 27 to 8 vote. House members had previously approved the bill by a vote of 54 to 14. House Bill 7 now awaits action from Republican Gov. Brad Little, who is a longtime opponent of relaxing marijuana penalties.

Under the bill, those age 18 or older who possess marijuana will be subject to a mandatory fine of not less than $300.

NORML voiced opposition to HB 7 in an action alert, arguing that it is overly punitive, inconsistent with voter sentiment, and improperly strips power away from Idaho judges.

NORML’s Deputy Director Paul Armentano said: “Currently, judges may use their discretion when determining whether it is appropriate to impose fines upon violators. Passage of this bill removes this discretion and mandates judges to impose a fine of not less than $300, even in instances where they believe that such a punishment is inappropriate. House Bill 7 is mean-spirited and its one-size-fits-all approach is inconsistent with our longstanding principles of justice and fairness.”

A similar legislative effort failed last year.

Those convicted of marijuana possession in Idaho also face up to one year in jail. Between 2018 and 2023, state and local police made over 31,000 marijuana-related arrests. Over 94 percent of those arrests were for marijuana possession, not sales. In total, approximately half of all drug-related arrests in Idaho are marijuana-related.

NORML has a prewritten letter opposing HB 7 that can be sent to the Governor’s office by clicking here.