Idaho bill introduced to create minimum fine for marijuana possession

BOISE — A mandatory minimum fine for marijuana possession will be on the table in the Legislature again this year.

Rep. Bruce Skaug, R-Nampa, presented a proposed bill Thursday afternoon that would create a mandatory minimum $300 fine for possession of 3 ounces or less of marijuana. He proposed similar legislation last year that would have set the fine at no less than $420.

“In my view, we do not want this to become a marijuana state,” Skaug told the House Judiciary and Rules Committee on Thursday afternoon.

The committee voted unanimously to introduce the bill, which allows it to come back for a full public hearing and vote.

The version presented Thursday specifies that the fine would not apply to juveniles under 18, which had been an issue that prevented last year’s version of the bill from moving forward, Skaug said.

Skaug and co-sponsor Rep. Jordan Redman, R-Coeur d’Alene, proposed three bills last year to impose a mandatory minimum fine for marijuana possession, but none of them received a hearing.

In existing Idaho law, it is a felony to possess more than 3 ounces of marijuana, punishable by up to five years in prison, or up to a $10,000 fine, or both. Possession of less than 3 ounces is a misdemeanor crime with no set fine. 

Skaug said the bill concept came to him from a judge who said the fines imposed on misdemeanor possession of marijuana were widely varied. Under the bill, judges could choose to impose fines higher than $300.

Rep. Chris Mathias, D-Boise, asked Skaug why he chose to make the fine “no less than $300," instead of setting it at $300 or no more than $300. Skaug responded that he got the language from the Idaho Prosecuting Attorneys Association.

The bill was introduced without discussion.