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Senate committee adopts permanent POST rule fix, says punctuation change restores marijuana disqualifier
Summary
The Senate Judiciary and Rules Committee approved permanent adoption of a pending rule from the Idaho Peace Officer Standards and Training (POST) Council that corrects two missing commas which, officials said, unintentionally removed "simple marijuana use" as a disqualifier.
The Idaho Senate Judiciary and Rules Committee voted to adopt a pending rule to correct punctuation in the Peace Officer Standards and Training (POST) rules, saying the addition of two commas restores the original intent.
Brad Johnson, division administrator for POST, told the committee the rule docket (11-1001-2401) adopts a temporary rule that was published in the Idaho Administrative Bulletin on July 3, 2024 (Volume 204-7, pages 74276) and that the only substantive change is the insertion of two commas that had been omitted from the final legislative copy.
"Quite literally, punctuation matters," Johnson said, adding that the missing commas had changed the meaning of the sentence and unintentionally removed "simple marijuana use" as a disqualifier when the council had intended only to add two disqualifying conditions (illegally purchased or illegally possessed).
Senator Tim Ricks asked whether the missing commas changed the rule's intent. Johnson replied that the omission did change the meaning and that POST first sought to correct it administratively, later issuing a temporary rule in the July bulletin and now seeking permanent adoption.
Senator Melissa Wintrow moved to accept rule docket 11-1001-2401; Senator Laura Lakey seconded. Committee members signified assent by saying "aye," and the motion carried. The committee recorded no field problems from enforcement during the interim, Johnson said.
The committee approved permanent adoption of the pending rule to restore the original punctuation and the disqualifying language as intended by the POST Council.
