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House Bill 606 — Marijuana, penalty, less than 3 oz

House Bill 606 — Marijuana, penalty, less than 3 oz

by
Parrish Miller
February 21, 2024

Bill Description: House Bill 606 would add a mandatory minimum fine for a first-time conviction for possessing a small amount of cannabis.

Rating: -1

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.

(-1)

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