New Idaho law imposes mandatory minimum sentence for fentanyl trafficking – LocalNews8.com

IDAHO FALLS, Idaho (KIFI) – This month, a new state law imposing mandatory minimum sentences for those caught in possession of fentanyl goes into effect.

The new law provides for a minimum sentence of three years and a fine of at least $10,000 for a person transporting four grams of fentanyl or at least 100 fentanyl tablets.

According to Fraternal Order of Police Sergeant Brian Lovell, the law targets fentanyl traffickers, not those suffering from addiction.

“The Trafficking Act is aimed at people who sell and distribute large quantities of illegal drugs,” Sergeant Lovell said. “Quantities that are beyond their personal consumption. So that's their job.”

The controversial bill has come under scrutiny as it passed through the Idaho House and Senate.

Opponents of the new law argue that mandatory minimum sentences are ineffective.

“We know that the data shows that mandatory minimum sentences are not effective in deterring drug use and reducing crime or incarceration,” Rep. Melissa Wintrow told state senators as she opposed the bill. “This kind of bill doesn’t get to the drug kingpin. What it does is it casts a wide net and unintentionally, or I can’t say intentionally, catches the people who are these drug mules that are coming through our state.”

“I say, if you want to see the proof, look out the window,” Rep. Chris Trakel told the assembled senators. “That’s the effect of mandatory minimums. This is not San Francisco. This is not Portland, Oregon. This is not Rhode Island. This is not Pennsylvania. Where you go out and there are hypodermic needles all over the ground, on the benches, and drug addicts lined up in the streets like zombies.”

Opponents also criticized the amount of fentanyl the bill considers trafficking. They fear minors and people with drug addictions will be punished instead of getting help.

“Two weekends ago, I met with 22 people who were in a drug and alcohol rehabilitation program,” Sen. Phil Hart told the House on Feb. 15. “Half of those people were fentanyl users. And in the half-hour of those 11 people, every single one of them had consumed at some point the amount of drugs that this bill would classify as a trafficker. That’s 100 pills and puts you in jail for three years. These are just people who were personally using drugs. And we’re not trafficking.”

But according to state law enforcement, that won't be the case.

“You can help separate the people who are distributing these illegal drugs from the people who are using and abusing them,” Lovell said. “They may need sanctions, of course, but they may need rehabilitation resources, things to help them get out of that world and get back on their feet.”

Bonneville County saw a decrease in violent crime and reportable offenses in 2023 compared to previous years, according to Idaho State Police.

The only crime that saw a significant increase was drug and alcohol arrests, which increased 21.4% from last year.

As for fentanyl, the drug was responsible for 49% of overdose deaths in 2022 alone.