Senate approves mandatory minimum fine for misdemeanor marijuana possession

The Idaho Senate passed House Bill 7 on Feb. 18, 2025, by a vote of 27-8. The bill sets a $300 minimum fine for misdemeanor possession of marijuana. The measure also contains an emergency clause and effective date as described in the House bill text.

Sen. Shippey, who introduced the bill on the floor, described it as setting a baseline penalty where none previously existed. "This bill sets a minimum fine for a misdemeanor possession at $300," Shippey said. He and several supporters argued the measure would deter use and keep Idaho from following policies in neighboring states that have legalized marijuana.

Opponents, including Sen. Wintrow and Sen. Guthrie, objected to imposing a mandatory minimum that reduces judicial discretion. Wintrow argued research shows fines are not always an effective deterrent and noted Idaho Code 18-11-13 already sets maximum misdemeanor penalties and allows judicial discretion. Guthrie said each case can differ and removing judicial discretion raised concerns.

Sen. Nichols said she would vote for the bill but urged lawmakers to "start looking beyond just the fines and see what kind of preventative measures we can really put into place" and to revisit outcomes after implementation.

The roll call produced 27 votes in favor and 8 against; the Senate approved the title and returned the bill to the House of Representatives.