Fentanyl traffickers could face up to life in prison with new mandatory minimum sentences under a bill passed by House lawmakers Monday.
Prison sentences under the proposal range from three years to life depending on the amount of fentanyl seized.
“[Fentanyl] is a scourge on America,” said Rep. Ted Hill (R-Eagle), one of the bill’s sponsors. “It’s a scourge on our families, our communities and the state.”
Critics of the legislation said they want to address the fentanyl crisis, but that this bill has too many problems.
For instance, the measure considers the full weight of a substance laced with fentanyl instead of isolating the powerful opioid itself.
Because it’s so potent, trace amounts of fentanyl mixed with another substance to dilute it that ultimately weighs 15 grams – the equivalent of three U.S. nickels – would result in a mandatory sentence of five years in prison.
Any person found to violate Idaho’s drug trafficking statute who gives or sells an illicit substance to a person who later dies from it could also be found guilty of a proposed new crime – “drug-induced homicide.” That could also result in a life sentence in prison.
Another of the bill’s sponsors, Rep. Chris Allgood (R-Caldwell), said Idaho needs to implement harsh penalties to deter drug traffickers.
“We have always taken a tough stance on crime. We have always put down the law that drug dealers will not ruin our communities, they will not kill our families,” Allgood said.
But opponents said mandatory minimum sentences aren’t the answer.
House Minority Leader Ilana Rubel (D-Boise) said personal users who have high drug tolerances could get caught up in this legislation because they consume so much of the drug.
“They are a slave to their addiction and there isn’t a law you could put on the books that’s going to stop them from seeking out fentanyl. We need to treat that addiction and shut down that market with more robust rehab and treatment options,” Rubel said.
What’s the point of having judges, asked Rep. Vito Barbieri (R-Dalton Gardens), if the state continues to add mandatory minimum sentences as punishments for violating Idaho law, eliminating their discretion.
“We don’t need the judge to hear the evidence, see the circumstances and then make a determination that it is just,” Barbieri said.
“It’s been very difficult to really vote how you want to vote on this bill,” said Rep. Heather Scott, due to the fact that it’s an election year where all 105 legislative seats are up for grabs.
“Many of us know if we don’t vote ‘correctly’ with law enforcement on this bill, we will be ‘law enforcement haters’ or ‘fentanyl lovers’ or ‘drug trafficker lovers,’” said Scott.
She, as well as some other Republicans who spoke out about their concerns with the bill, ultimately voted for its passage.
Scott tried to stall the measure by requiring it to go through the amending process, but it failed.
The bill passed overwhelmingly after about 90 minutes of debate. State senators will consider the issue next.
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