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Judiciary committee approves permanent adoption of POST rule correcting language that affected marijuana disqualification
Summary
The Idaho Senate Judiciary and Rules Committee approved permanent adoption of a POST rule to correct missing commas that had altered the rule's disqualifying language for officer certification.
The Idaho Senate Judiciary and Rules Committee voted to approve permanent adoption of a rule from the Idaho Peace Officer Standards and Training Council (POST) that corrects a punctuation error in previously published rule language. Brad Johnson, division administrator for POST, told the committee the missing commas changed the meaning of the provision and unintentionally removed "simple marijuana use" as a disqualifier for peace-officer certification; the rule being adopted restores the originally intended text.
Vice Chair Shippey introduced docket number 11-1001-2401, "Rules of the Idaho Peace Officer Standards and Training Council." Brad Johnson said the rule adopts the temporary rule that was published in the Idaho Administrative Bulletin on July 3, 2024 (Volume 2047, pages 74–76). Johnson said the only substantive change is the addition of two commas that were omitted from the legislative copy; the omission altered the sentence so that simple marijuana use appeared not to be a disqualifier when that was never the intent.
Senator Mark Ricks asked whether the missing commas had changed the substance of the rule; Johnson replied they had, and that the temporary rule had been published to correct the error while the permanent adoption proceeded. Senator Wintrow moved to accept rule docket 11-1001-2401; Senator Lakey seconded. The committee approved the permanent adoption by voice vote and recorded that "the motion carries." No roll-call tally was recorded in the transcript.
The action completes the committee step to make the temporary correction permanent; the transcript does not record subsequent legal challenges, implementation steps, or agency rulemaking documents beyond the bulletin citation.
Votes at a glance: - Motion: "Accept rule docket 11-1001-2401 (Rules of the Idaho Peace Officer Standards and Training Council)." Mover: Senator Wintrow; Second: Senator Lakey; Outcome: approved by voice vote.
