BOISE, Idaho — This article originally appeared in the Idaho Press.
Gov. Brad Little on Monday signed a bill creating mandatory minimum prison sentences for fentanyl possession.
The House and Senate both passed HB 406 overwhelmingly after many members expressed trepidation over the consequences for the bill.
The concerns centered around the limit of 4 grams, which could include an entire mixture of a substance that’s laced with fentanyl, and that the trafficking bill could sweep up personal users when it’s intended to go after dealers. There was also concern about Idaho’s high incarceration rate and full prisons.
Those who supported it said that the rising incidence of fentanyl and deaths related to the potent drug warranted a change to the law, which adds to Idaho’s existing mandatory minimum sentences for marijuana, meth and heroine.
The bill also creates a new crime of “drug-induced homicide,” which would hold someone accountable if they gave someone else an illegal drug and that person died from the drug. The crime would be punishable by up to life in prison.
Lawmakers faced intense pressure from a large, well-funded political action committee and law enforcement, BoiseDev reported.
Little’s office wasn’t able to immediately respond to a request for comment, but at a press conference earlier this month, he said that the state would need to also address technology to better detect the presence of fentanyl in substances.
“To my way of looking at it, one thing the sponsors want to do is send a message to the various people that are doing the trafficking not to come to Idaho, and are there going to be some unintended consequences? I worry about that,” he said.
He added that he would have more discussions when the bill hit his desk. Little’s office received the bill on Feb. 21, according to his daily bill action.
The governor has focused on fentanyl during his tenure, including issuing an executive order launching “Operation Esto Perpetua,” which formed a committee that has looked into the issue and created recommendations.
The Idaho Family Policy Center sent a press release Monday lauding the passage of HB 406 into law. The policy center, which promotes “biblically sound public policy,” said it supported the bill through lobbying, testimony, and urged voters to send more than 10,000 emails in support.
The Idaho Freedom Foundation, an influential conservative policy think tank, gave the bill a -4 “Freedom Index” rating, saying it imposed harsh penalties for small amounts of a substance without requiring showing an intent to distribute to impose the sentences.
Under HB 406, those arrested with at least 4 grams but less than 14 grams of fentanyl or any mixture of substances containing a detectable amount of the drug would be guilty of a felony with a mandatory minimum sentence of three years in prison and a fine of $10,000. If the fentanyl is in pill form, it would take between 100 and 250 pills to get this sentence.
For those with between 14 grams and 28 grams or at least 250 pills, the sentence would be at least five years and $15,000. For 28 grams or more or 500-plus pills, the minimum sentence would be 10 years and a $25,000 fine.
No parole would be offered to those serving these minimum sentences.
A second conviction would result in a minimum sentence of twice what would be required under the law.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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