Idaho fentanyl law used to charge addicts, not just dealers
Court records show prosecutors have charged 134 people for possessing set amounts of the drug, with few proving actual distribution.
By Hassan Lawson ·
Idaho prosecutors have charged 134 individuals with fentanyl trafficking since the state's new mandatory minimum law took effect in July 2024. A review of court records by InvestigateWest found that at least 30 of those defendants faced trafficking charges without evidence that they were selling or distributing the substance.
The statute, House Bill 406, allows prosecutors to file trafficking charges if a person possesses at least 4 grams of fentanyl or 100 pills. The law does not distinguish between personal use and sales, nor does it require proof of distribution. Instead, it mandates prison sentences of three, five, or ten years based on the amount of the drug found.
In one case from Nez Perce County, a sheriff's deputy arrested a man after he dropped a bag of 111 blue pills in a casino. The officer counted the pills and changed the charge from possession to trafficking. In Latah County, Isaac Berger was charged with trafficking after a nurse called police during an overdose response. Berger died from fentanyl intoxication three months later. The detective investigating his death stated there was no proof he intended to sell the drugs.
Of the 90 cases reviewed that included arrest reports, one third lacked standard indicators of drug dealing, such as scales, ledgers, or small baggies. Thirty percent of the concluded cases were dismissed, while nearly half resulted in guilty pleas for lesser charges. Twenty-two people were convicted of trafficking and are currently serving prison time. Thirteen defendants received treatment in exchange for pleading guilty to different offenses, as the mandatory minimums prevented alternative sentencing for the primary charge.
Supporters of the law argue it deters cartels from bringing fentanyl into the state. Randy Neal, the prosecutor in Bonneville County, cited a U.S. Drug Enforcement Administration graphic showing that 2 milligrams of fentanyl can be lethal. Neal stated it is highly improbable that a person with the state's 4-gram threshold is not planning to distribute the drug.
Critics disagree. Kellen Russoniello, director of public health at the Drug Policy Alliance, noted that people with high tolerances or those making bulk purchases often hold amounts above the threshold. Russoniello argued that the law traps people who possess substances for personal use. He said that jailing these individuals instead of providing health services makes recovery harder by adding trauma and criminal records.
Idaho is one of nine states that allow trafficking charges based solely on possession above a set limit. It is the only state that permits pill counts to trigger these charges. Fentanyl deaths in Idaho peaked at 197 in 2023 before declining in subsequent years. Rep. Ted Hill and Sen. Todd Lakey, the lawmakers who proposed the bill, did not respond to requests for comment from InvestigateWest.
Bill Thompson, the Latah County prosecutor who charged Berger, continued to argue for the law's application. The state's approach reflects a national trend of increasing penalties for drug offenses, despite research indicating that harsher sentences do not effectively deter drug use. The Pew Center reported that drug courts and community supervision reduced prison populations and costs in several states.
