Committee introduces proposal to set $300 minimum fine for misdemeanor marijuana possession

Representative Bruce Skog told the committee RS 31835 would set a minimum fine of $300 for misdemeanor marijuana possession (three ounces or less) and would not apply to juveniles. "That judge wanted 500. And I, we went through this a little bit… this committee… thought 300 would be a fair fine," Skog said during the hearing.

Skog said the bill aims to create a baseline for fines that currently vary widely across magistrate courts, citing an example a magistrate gave of a $2.50 fine in one jurisdiction. The sponsor emphasized the proposal is not intended to send people to jail and that juvenile cases would remain under juvenile court discretion; the draft language explicitly exempts juveniles.

Representative Mathias asked about the statutory phrasing on the line that reads "not less than," noting the legislature uses both "not less than" and "not more than" in other statutes. Skog said he relied on the Idaho Prosecuting Attorneys Association for the bill language.

A motion to introduce RS 31835 was made and carried by voice vote; the transcript records the motion as approved but does not record a numerical tally. Representative Donner is identified in the transcript as raising a motion for the item during the sequence; the exact mover for the introduction was recorded as making the motion in committee but the hearing did not include a roll-call count.

The committee did not adopt the substantive wording beyond introduction; further hearings will determine final statutory language and any fiscal or enforcement implications.