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Committee adopts technical correction to POST rule to restore intended disqualifier language
Summary
The committee approved Docket 11-1101-2401, a pending rule to add two missing commas in Peace Officer Standards and Training (POST) rules that affected the meaning of a marijuana-use disqualification provision.
Brad Johnson, administrator for Peace Officer Standards and Training, asked the committee to adopt pending Rule Docket 11-1101-2401. Johnson said the underlying temporary rule had been published in the Idaho Administrative Bulletin (07/03/2024, vol. 24-7, pp. 74–76) and that the adoption restores two commas omitted from the published copy.
Johnson explained the missing punctuation changed the rule’s meaning by altering how the marijuana-use disqualification was read. With the commas in place, the rule disqualifies an applicant who used marijuana and separately addresses illegally purchased or possessed marijuana; without the commas the text read as if only illegal purchase or possession were disqualifying. Johnson said the POST council’s intent was to disqualify recent use within one year of hire.
Representative Heather Scott asked whether prior legal use in other states would disqualify an applicant; Johnson said the rule prohibits use within one year of hire and that background-investigation disclosures (and supporting checks) would determine the relevant date. Representative Mathias moved to approve the docket; the committee approved the motion by voice vote with no opposition.
