BOISE, Idaho — House Democratic Leader Rep. Ilana Rubel (D-Boise) and Rep. Judy Boyle (R-Midvale) co-sponsor House Bill 233 and House Bill 234. Each piece of legislation would add fentanyl to the list of illegal drugs that carry a mandatory minimum sentence under Idaho law.
Each bill, however, lists additional compromises to lessen the restrictions of Idaho’s current mandatory minimum statute.
"I don't like mandatory minimums - period. We elect judges. We are supposed to trust them to use their judgement," Rep. Boyle said.
The current list already includes marijuana possession of at least one pound, cocaine or meth possession of at least 28 grams, and heroin possession of at least two grams. If caught with a sufficient amount of any such drug, Idaho law finds said person guilty of drug trafficking.
"It allows absolutely no judicial discretion no matter what. You can be a first-time offender, not a dealer, 18 years old, a straight-A student - a judge is not allowed to look at anything whatsoever except for the amount of drugs you had on you," Rep. Rubel said. "We were really concerned about the layers of injustice in the current statute and trying to find a way to go after drug dealers without locking up people forever who shouldn't be."
HB 233 most notably allows a judge to hand down a sentencing of his choice for first-time offenders. Those convicted under trafficking fentanyl, however, would not qualify for this 'safety-valve' clause.
HB234 requires law enforcement to prove intent to sell or distribute in order to convict on a trafficking charge. Furthermore, the bill would require law enforcement to separate out the amount illegal drugs from any mixed substance and only convict based on the true weight of the illegal substance alone. This stops high-tolerance addicts who dilute drugs for dosage purposes from being mislabeled as a trafficker, according to the bill's statement of purpose.
The bill sponsors intentionally offered multiple bills for lawmakers to debate and compromise. However, neither bill is gaining early support from local police.
"We like adding fentanyl, but this idea of adding a safety valve letting traffickers come through like it's the ‘first time’ they've ever done this is crazy to us," Idaho Chiefs of Police Association (ICOPA) spokesperson Tracy Basterrechea said. "You are very involved with the drug game if these other drug traffickers are providing you with those weights."
ICOPA - and other local law enforcement - largely supported House Bill 67 in early February. HB 67 was the legislature's first attempt to add fentanyl to the mandatory minimum statute.
Basterrechea considers HB 67 to have already been a compromise. It added fentanyl to the mandatory minimum statute, but it also lowered the minimum weight for other drugs.
"That's very, very frustrating," Basterrechea said. "We actually have drug traffickers who avoid Idaho because they know of our mandatory minimums. We know that happens. We have them saying it on wire taps."
Basterrechea criticized out-of-state lobbyist - mainly from a Texas policy center - for testifying before the committee against HB 67.
"I think people need to ask, 'why are we having these out-of-state lobbyists coming into our state and trying to change our drug laws?' It's a good question," Basterrechea said. "If I have somebody facing mandatory minimums right now and I know they're guilty and they're not going to be found innocent, what better way to do it than to change the law?"
Rep. Boyle and Rep. Rubel told KTVB they have not received any out-of-state funds for their campaign to push this legislation. Rep. Rubel has worked on similar legislation for six years.
"We share a passion for justice and the constitution," Rep. Rubel said. "We view this as a totally non-partisan issue."
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