Committee backs $300 minimum fine for possession of 3 ounces or less of marijuana

The House Judiciary and Rules Administration Committee voted to send House Bill 7 to the floor with a due-pass recommendation after extended public testimony and debate on a mandatory minimum fine for possession of marijuana.

Representative Jordan Redmond (R-3rd District, Kootenai County) told the committee the bill "sets a minimum fine of $300 for adults in possession of three ounces or less of marijuana" and excludes juveniles under 18. He said the measure aims to "provide conformity for our judicial system and create a deterrent for a drug that is currently illegal in our state."

The bill attracted dozens of public witnesses representing veterans, patient advocates, law-enforcement organizations, criminal-defense attorneys and business interests. Speakers who opposed the mandatory minimum urged the committee to preserve judicial discretion and cited medical and financial hardships for low-income and disabled residents. "I believe we can do better by our veterans," said Joseph Evans of Kind Idaho, who said judges should retain flexibility to consider medical need and other circumstances.

Monica Gray, managing attorney for the Ada County office of the Idaho State Public Defender, told the panel that most people charged with low-level possession are indigent and that mandatory fines would add to court costs, supervision and treatment fees. "A mandatory minimum fine not only will not be able to be paid by our clients, but will lead to violations, incarceration from those violations, contempt proceedings, and their simple inability to adhere to their court-ordered rehabilitative sentence," Gray testified.

Paul Riggins, a criminal-defense lawyer and vice president of the Idaho Association of Criminal Defense Lawyers, argued mandatory minimums do not reduce crime and "eliminate individual justice" by removing judicial discretion. Several testifiers described a 2.5-dollar fine imposed in a particular case that was accompanied by suspended jail time, probation, community service and court costs — underscoring that a single nominal fine can be part of a much larger sentence.

Law-enforcement witnesses supported the mandatory minimum as a deterrent. Chris Getz, identified as representing the Idaho Sheriffs Association, said the bill sets a floor that discourages out-of-state dealers and sends a message that "we oppose any marijuana". Lieutenant Jason Kimball of the Nampa Police Department said officers increasingly encounter marijuana-impaired drivers and supported a consistent penalty to make enforcement predictable.

Committee members debated whether the proposed floor would be a disproportionate penalty compared with other misdemeanors and whether it would strip judges of necessary discretion. Representative Rosa Rubel (R) and others argued the legislature should not substitute its judgment for the courts in individual cases; supporters said the bill merely establishes a baseline while judges retain authority to impose higher penalties.

The committee also considered and rejected a substitute motion to hold the bill in committee. The final roll-call on the motion to send HB 7 to the floor recorded 10 yeas and 4 nays (motion carried). The committee record shows the bill would impose a mandatory minimum $300 fine for adult possession of three ounces or less; the bill text excludes minors under 18 and leaves other penalties on the statute in place.

Votes at a glance: substitute motion to hold the bill failed 6–8; final motion to send the bill to the floor passed 10–4.

Supporters said the change would create uniformity and a deterrent; opponents said it would disproportionately harm low-income and indigent defendants and remove judicial flexibility. Testimony included personal accounts from veterans and disabled residents who use cannabis for symptom relief; proponents and some law-enforcement witnesses said public-safety and workforce concerns justify a consistent minimum penalty.

The committee sent House Bill 7 to the floor with a due-pass recommendation. The bill now proceeds to the House for further consideration.