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Committee adopts POST rule correction to restore marijuana-use disqualification language
Summary
The Senate Judiciary & Rules Committee approved permanent adoption of Rule Docket 111-2401 to correct punctuation in the Peace Officer Standards and Training Council rule; the change restores simple-marijuana-use as a disqualifying factor that had been unintentionally removed by missing commas in the published legislative copy.
The Senate Judiciary & Rules Committee approved permanent adoption of Rule Docket 111-2401, a rule from the Idaho Peace Officer Standards and Training (POST) Council that restores two commas inadvertently omitted in the legislative copy of a previously approved rule. The correction, officials said, restores an intended list of disqualifying conditions— including simple marijuana use— which the missing punctuation had effectively removed.
Brad Johnson, division administrator for POST, told the committee the docket adopts the temporary rule that was published in the Idaho Administrative Bulletin on July 3, 2024. Johnson said the only change is the addition of two commas that were present in the version originally approved by the POST council but were omitted in the legislative copy; without the commas, the sentence’s meaning changed and unintentionally eliminated simple marijuana use as a disqualifier.
Senator Ricks asked whether the missing commas altered the rule’s substantive intent; Johnson said the omission did change the meaning and that the temporary rule published in July 2024 corrected the omission while the agency pursued permanent adoption. Senator Wintrow (who moved adoption) and Senator Lakey (who seconded) led the motion; members approved the rule by voice vote and the chair declared the docket approved.
Johnson said there had been no operational issues reported in the field from the missing commas; the agency identified the error early, attempted an administrative correction, then issued a temporary rule and sought the permanent adoption now approved by the committee.
