Bill Description: Senate Bill 1218 would criminalize the promotion or advertisement of schedule I controlled substances.
Analyst Note: Senate Bill 1218 appears to be targeted primarily at out-of-state businesses who are able to legally sell certain commodities that the state of Idaho classifies as "schedule I controlled substances."
Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
Senate Bill 1218 amends Section 37-2734A, Idaho Code, to prohibit individuals and businesses from, for commercial purposes, knowingly promoting or advertising "the sale of a schedule I controlled substance" or "the sale, deliver, distribution, manufacturing, or preparation of a schedule I controlled substance." Keep in mind that this prohibition applies even to advertisements regarding out-of-state locations where individuals are able to legally purchase certain commodities that Idaho classifies as "schedule I controlled substances." This is the equivalent of banning a casino in Nevada from advertising in Idaho because such a casino could not be legally built in Idaho.
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?
Senate Bill 1218 is not a mere regulation on businesses. It imposes criminal penalties on individuals who advertise certain commodities available legally to consumers in other states.
Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?
Senate Bill 1218 infringes on the fundamental right to free speech guaranteed by the U.S. and Idaho State Constitutions. Advertising is a form of speech, and informing Idahoans that legal access to certain commodities is available just across the state line is an exercise of free speech.