Bill Description: House Bill 7 would create a mandatory minimum fine of $300 for possessing 3 ounces or less of cannabis.
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NOTE: House Bill 7 is similar to House Bill 695, introduced in the 2024 legislative session.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Under Idaho law, someone receiving a first-time conviction for possessing 3 ounces or less of cannabis could face up to one year of incarceration and/or a fine of up to $1,000.
House Bill 7 would add a mandatory minimum fine of "not less than" $300 to the penalties for offenders 18 years of age or older.
The problem with mandatory minimum laws is that it is always possible for extenuating circumstances in a specific case to make a mandatory minimum sentence manifestly unjust. This means that mandatory minimum sentencing laws fundamentally subvert the notion of justice, which requires broad judicial discretion regarding sentencing.
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Does it promote the breakdown of the traditional family or the deconstruction of societal norms? Examples include promoting or incentivizing degeneracy, violating parental rights, and compromising the innocence of children. Conversely, does it protect or uphold the structure, tenets, and traditional values of Western society?
Increasing the penalty for adults possessing cannabis may serve to reduce its availability and thereby discourage its use by minors.
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