Bill Description: House Bill 695 would add a mandatory minimum fine for a first-time conviction for possessing a small amount of cannabis.

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NOTE: House Bill 695 is similar to House Bill 606, introduced earlier this session. The mandatory minimum fine in this bill is lower than the one in House Bill 606. 

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 695 would add a mandatory minimum fine of "not less than" $300 to the penalties described above for offenders 18 years of age or older. 

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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