BOISE, Idaho- A bill which would create mandatory minimum sentences for fentanyl distribution has passed both chambers of the Idaho legislature.
HB 406 would impose a three year prison sentence and a $10,000 fine upon the lowest level of fentanyl trafficking offenders. Under current state law, possession of fentanyl does not fall under felony trafficking laws, which would be amended by the new policy.
The Office of the Prosecutor in Nez Perce County voiced their support for the bill, and echoed presidential candidate Donald Trump’s language regarding U.S.-Mexico border.
“Fentanyl is flooding across the border into our community at an alarming rate,” the prosecutor’s office said.
The prosecutor’s office argued that mandatory minimums will enhance public safety. Families Against Mandatory Minimums (FAMM), a criminal justice reform organization which has been active since 1991, disagrees.
“Mandatory minimums don’t work. Decades of the mandatory minimum experiment tells us this bill will fail to deter fentanyl related crimes and it will fail to stop overdose deaths. Fentanyl is serious, but Idaho needs real solutions to this urgent problem, not another expensive failure,” FAMM said.
To be charged with trafficking would require being found in possession of at least 4 grams of the substance according to the language in the new bill. These minimum sentences would increase in length depending on how much fentanyl a person has when arrested.
Possessing between 14 and 28 grams of fentanyl would result in a minimum penalty of 5 years in prison and a $15,000 fine. Possession of over 28 grams would result in a 10 year minimum sentence and a $25,000 fine.
If an individual was found guilty of trafficking fentanyl after being previously convicted, their minimum sentence would be doubled.
The bill passed the Senate and House with wide majorities and could be signed by the governor by the end of this session.
