Pubdate: Sun, 21 Feb 2016 Source: Idaho State Journal (ID) Copyright: 2016 Idaho State Journal Contact: http://www.journalnet.com/ Details: http://www.mapinc.org/media/936 Author: Michael H. O'Donnell IDAHO MAINTAINS HARD LINE ON MARIJUANA LAWS Sick or just looking for a good time, marijuana is not the answer in Idaho. Utah is in the middle of a legislative debate on whether to legalize some forms of medical marijuana. Recreational pot use is legal in Oregon and Washington. Medical marijuana is legal in Montana and Nevada. Cannabidoil to treat seizures is legal in Wyoming and legislation to decriminalize pot possession is being considered in that state. Here in Idaho, the resolve to keep marijuana illegal remains steadfast. Under current Idaho law, an individual charged with possession of up to an ounce of marijuana faces a year in jail and/or up to a $1,000 fine. More than three ounces is a felony punishable with up to five years in prison, a fine of up to $10,000, or both. Last year the Idaho Legislature approved a bill to decriminalize the use of cannabidoil, which contains very little THC - the hallucinogenic component in marijuana - for people who suffer from seizures when prescribed by a physician, but it was vetoed by Gov. C.L. "Butch" Otter. Instead Gov. Otter issued an executive order allowing 25 children suffering from epilepsy to take part in a trial program of cannabis oil treatments. Will the Gem State ever relax its laws regarding marijuana? "We passed the oil bill overwhelmingly in the House and Senate last year," said Idaho Sen. Roy Lacey, D-Pocatello. "When we have children with epilepsy and something that could treat them there's no excuse not to pass it." Lacey said there was some fear expressed by the Idaho State Police and Idaho's Director of the Idaho Office of Drug Policy Elisha Figueroa that the law would open the door to more lax laws on marijuana in Idaho. The state senator said that was enough to convince Gov. Otter to veto the bill. "We have to change leadership's thinking," Lacey said about any chances for Idaho to even consider medical marijuana in the future. "Idaho always lags behind." In an official response to the marijuana legalization effort last year, the Idaho State Police released a lengthy response in opposition. "The battle against the legalization of marijuana is being waged to protect future generations of Idahoans," the ISP document reads. "The interests of Idaho should be protected and maintained by those with a personal vested interest in securing a bright future for our children, free of the devastating effects of drug use." Republican Sen. Jim Guthrie, R-McCammon, said he's conservative, but agrees with Lacey that some thinking about marijuana laws needs to change in Idaho. Guthrie also voted for the bill to decriminalize cannabis oil use for children with epilepsy. He said public testimony convinced him of the merits of the treatment. "I'm a conservative, but I think there has to be some compassion," Guthrie said. "I thought we'd turned the corner on that." As far as efforts to move Idaho toward marijuana legalization, Guthrie said he's not convinced medical marijuana should be legal, especially if the drug is smoked. "I think there's a lot better chance of reducing the penalties than legalization," Guthrie said. The Idaho senator said cutting criminal penalties for simple marijuana possession could reduce costs in Idaho for housing prisoners and providing public defenders. There are no bills currently being considered in the Idaho Legislature regarding medical marijuana use or decriminalization. However, the Utah Legislature will consider a bill that would allow thousands of Utah residents with documented health conditions to consume marijuana in edible forms and as an e-cigarette-style vapor but would ban smoking the drug in a cigarette form. The Church of Jesus Christ of Latter-Day Saints has issued an official stance against overall legalization of medical marijuana in Utah, but it doesn't object to the limited use of cannabidoil. A vote is slated in the Utah Legislature Monday. Guthrie said just the fact a conservative state like Utah is considering medical marijuana laws may indicate a shift in cultural thinking. Guthrie said the cost of Idaho's court and prison system, including probation and parole, may dictate the need for change. "We're above the national average substantially," Guthrie said. "That's hard to ignore." - --- MAP posted-by: Jay Bergstrom