An Idaho law targeted fentanyl dealers. Prosecutors are using it to charge users, too
Idaho lawmakers introduced a law to impose harsher penalties for fentanyl possession, aiming to target drug dealers. However, two years later, prosecutors have charged at least 30 people with trafficking without evidence of dealing. The law, effective since July 1, 2024, allows charges based on possession of 4 grams or 100 pills, without needing proof of intent to sell. Critics argue this approach ensnares users rather than dealers and fails to deter drug use. Some charged individuals have received treatment instead of prison, but mandatory minimums limit alternatives. The debate continues over whether the law effectively addresses the fentanyl crisis. When two Idaho lawmakers pitched harsher penalties for people caught with fentanyl, they said the new law would target drug dealers — not those struggling with addiction. But two years after the law was implemented, prosecutors have charged at least 30 people with fentanyl trafficking without presenting evidence that they were dealing or distributing the drug. The law, which went into effect on July 1, 2024, does not differentiate between those using and those selling the drug, and it doesn’t require prosecutors to find evidence of trafficking. Instead, prosecutors can charge people with fentanyl trafficking if they possess at least
