By Ruth Brown, Idaho Reports 

The Idaho Senate passed a bill on Thursday that would add a mandatory minimum prison sentence for trafficking fentanyl, despite concerns from many legislators.  

HB 406 passed the Senate in a 28-7 vote, with Sen. Phil Hart, R-Kellogg, being the only Republican to side with Democrats in a “no” vote. Sen. Ron Taylor, D-Hailey, diverted from his fellow Democrats and voted for the bill, saying his constituents wanted it. 

Sponsor Sen. Todd Lakey, R-Nampa, said the rate of fentanyl deaths has doubled in recent years. 

“Our law enforcement is pleading with us to take action,” Lakey said. “I would also plead with you to take action.”  

Idaho already has mandatory minimum prisons sentences in law for trafficking marijuana, methamphetamine, cocaine and heroin. Fentanyl will be added to the list if the governor signs the bill.   

The bill also adds a section of law for drug-induced homicide, under which a person could be charged with a felony if they supply a drug that later kills someone. Under the bill, that crime would be punishable by up to life in prison.   

Lakey said the charge would not necessarily lead to a murder charge, but possibly an involuntary manslaughter charge, based on the prosecutor’s discretion. This was addressed because some lawmakers expressed concern at the fact that juvenile defendants charged with murder are automatically waived into adult court.  

Sen. Jim Guthrie, R-McCammon, expressed concern that the drug-induced homicide section wasn’t specifically about fentanyl but any drug-induced death, but supported the bill.  

Several legislators worried that users, not dealers, would be caught up in the bill and labeled a drug trafficker. Sen. Dan Foreman, R-Viola, said he did not share that concern. 

“Fears about misapplication of this law are unfounded,” Foreman said. “You should have concerns; this is serious business here. But I assure you, we have a system that we can trust. That system is being challenged now every day because of the influx of fentanyl.” 

Other legislators felt mandatory minimum prison sentences do not work.  

“We’ve already seen repeatedly that mandatory minimums do not work to deter crime,” Wintrow said. “These kind of bills don’t get the kingpin. What it does is unintentionally … cast a wide net and gets folks who are those mules going through our state.” 

Hart said he was also worried the bill would include people who are not trafficking and call them traffickers. 

“The judge ought to have discretion from those who would maybe more benefit from rehabilitation programs,” Hart said. “I think a judge ought to have that option. We are taking away some of the checks and balances that I think we need to protect Idahoans.” 

Sen. Scott Herndon, R-Sagle, said if other Idaho already has mandatory minimums for other narcotics, it is fair to have them for fentanyl, noting that fentanyl is especially deadly. 

“It is fair and reasonable, and I think Idaho needs to have a strong statement against fentanyl traffickers,” Herndon said.   

Under the bill, a person sentenced for trafficking fentanyl would face a mandatory minimum of three years in prison for knowingly possessing 4 grams to less than 14 grams, or 100 pills to less than 250 fentanyl pills.   

For possessing 14 to less than 28 grams of fentanyl or 250 pills to less than 500 pills, the mandatory minimum increases to five years in prison and a $15,000 fine.   

For possessing 28 grams or more, or 500 pills or more of fentanyl, the mandatory minimum sentence would be 10 years in prison and a $25,000 fine.    

The maximum sentence for trafficking fentanyl would be life in prison and a $100,000 fine. A second offense for trafficking fentanyl would result in a mandatory minimum sentence twice what is otherwise required under the bill.  

The bill now heads to Gov. Brad Little for his signature to become law.   

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