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New Idaho Bill Could Hinder First Amendment Rights

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New Idaho Bill Could Hinder First Amendment Rights

A new controversial bill passed the Senate in Idaho. Sponsor Senate C Scott Grow introduced SB 1218 earlier this week, where it streamlined through its committee along party lines and passed a full vote 21-14. This bill would charge people and businesses with misdemeanors if they advertise for something that is illegal in Idaho but takes place outside of the state. This includes cannabis companies on the Oregon border advertising for their small businesses. This seems to be a direct violation of citizens and businesses first amendment rights.

“These businesses need no additional advertising,” said Senator Abby Lee (R) when asked why she voted for SB 1218’s passage. Another Senator, Lee Heider (R) said, “This is just one more step to making Idaho the place we all want to live in and have the freedoms we enjoy. … To have billboards advertising [cannabis businesses in Oregon] just seems totally erroneous to me.”

SB 1218 makes it a misdemeanor “for commercial purposes, to knowingly promote or advertise the sale, delivery, distribution, manufacturing, or preparation of a Schedule I controlled substance.”

Opposition

However there were seven Senators, along with the seven Democrats in the Senate, who voted against SB 1218. They cited that it would impede on a person’s First Amendment rights of free speech and freedom of the press. When public comments opened up for SB 1218, there were only negative responses. Many activists said that this bill was another way for the state to prevent reform from happening. Despite lawmakers pushing back against reform, it’s at their doorstep. Activists have already started collecting signatures for an initiative measure for medical cannabis legalization for the 2022 general election. 

Senator Grow also sponsored a bill earlier this year to change the state’s constitution. It would prevent Idaho from legalizing any drug in the state. This would make reform even harder and would leave Idaho behind in both the hemp industry and the cannabis industry. Both industries are booming across the States. This bill, SJR 101, passed the Senate with a vote of 24-11, but it has not been heard in the House yet. As the legislative session comes to a close, many are hoping that SJR 101 will die before it has a chance to be debated. 

Future

It seems that a legalization future of cannabis for Idaho is still far away. As more information about SB 1218 becomes available, we will update you with the latest.

Make sure to check back for more cannabis and hemp related news.