Idaho lawmakers have cracked down on the fentanyl crisis with a new bill that would impose prison sentences for people who bring certain amounts of the deadly drug into the state.
critic of House Bill 406 To tell The bill, which passed the House on a 55-13 vote, would also unintentionally target drug users who didn’t know they were buying drugs laced with fentanyl.
The bill, which must be approved by the Idaho Senate before becoming law, would not limit drug trafficking charges to those who deliver or manufacture drugs. “Anyone who brings a certain amount of fentanyl into the state of Idaho could be charged with drug trafficking.” analysis by idaho politician found.
Julian Donnelly Tsule, advocacy director for the American Civil Liberties Union of Idaho (ACLU), told a local newspaper that his organization “strongly opposes” the bill because of these concerns.
Like other drug trafficking laws in Idaho, HB 406 classifies individuals as traffickers based on the amount of drugs they possess, rather than whether they intend to distribute drugs to others.
“Under this bill, for example, if a law enforcement official finds a “detectable amount” of fentanyl in four grams of cocaine, that person could be charged with fentanyl trafficking based on the total amount of the drug. Yes,” the analysis reported.
According to Tsuru, this would “actually shift due process, or checks and balances, from judges and juries to police and prosecutors.”
“We’re leaving it up to the police to define ‘trafficker.’ … That’s not due process,” she said.
The proposed bill would also create murder charges for those who provide fentanyl that results in a fatal overdose.
of politician We have detailed the penalties for those found guilty under this bill.
Anyone found in possession of 4 to 14 grams of fentanyl, or 100 to 249 fentanyl pills, faces at least three years in prison and a minimum $10,000 fine.
Possession of 14 to 28 grams or 250 to 499 tablets is punishable by at least five years in prison and a minimum fine of $15,000.
Possession of 28 to 500 grams or at least 500 tablets is punishable by at least 10 years in prison and a minimum fine of $25,000.
The maximum penalty is life in prison and a $100,000 fine.
State Rep. David Cannon, a Republican, expressed concern that the bill could affect people who unknowingly purchase marijuana laced with fentanyl.
“Because of the language in this bill…four grams of marijuana laced with fentanyl would subject the possessor to the minimum mandatory amount established in this fentanyl trafficking bill,” Cannon said. “These are users.”
In response to these concerns, Representative Edward Hill (R) said: politician Idaho State Police do not test for drugs laced with fentanyl, so these assumptions are “not a contributing factor.” This comment was echoed by another bill sponsor, Republican Sen. Todd Lakey.
Hill said drug traffickers “don’t want to come to Idaho for any drugs” because of the state’s harsh sentences, but fentanyl “just isn’t on the list yet.”
“We want to track down this man who had 50,000 pills and was sent to 10 schools and killed 10 children,” he said. “That’s the purpose.”
“Rarely do chiefs, sheriffs, field officers and prosecutors agree on something, but unfortunately fentanyl has brought us all together,” Meridian Police Chief Tracy Bustelechea said during a public hearing on the bill. It all came together,” he said. “They caused so much disruption to our communities and vulnerable populations that we realized we had to do something to stop them.”
