Bill Description: House Bill 606 would add a mandatory minimum fine for a first-time conviction for possessing a small amount of cannabis.
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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 current Idaho law, someone receiving a first-time conviction for possessing a small amount of cannabis would face a penalty of incarceration of up to 1 year and/or a fine of up to $1,000.
House Bill 606 would add a mandatory minimum "fine of not less than four hundred twenty dollars ($420) in addition to" the penalties described above.
The problem with mandatory minimum sentencing 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.
Additionally, possessing a small amount of cannabis is both a victimless and non-violent crime, which calls into question why it should be singled out for increased penalties.
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