This week's substance use-related legislative updates in a nutshell: 
  • Senate Bill No. 1017 was signed by the Governor
  • Senate Bill No. 1087 passed the Senate, referred to House State Affairs Committee
  • House Bill No. 126 was reported out of Committee with Do Pass Recommendation
  • New House Legislation:
  • House Bill No. 168 involving Kratom
  • House Joint Resolution No.4 involving controlled substances
  • House Concurrent Resolution No. 11 involving the mental health and suicide prevention crisis phone number
  • New Senate Legislation:
  • Senate Bill No. 1150 involving ballot initiatives
  • Senate Bill No. 1165 involving appropriations
New Introduced Legislation
House Bill No. 168

Summary - Adds to existing law to provide for the Idaho Kratom Consumer Protection Act.

Statement of Purpose - Kratom is a tropical tree in South East Asia. This legislation provides for definitions of kratom, bans the sale of adulterated or synthetic kratom products in Idaho, and provides for violations for those who sell adulterated or synthetic kratom products.

Learn More - Check out ODP's Kratom Use in Idaho Fact Sheet.

Status - H0168 was introduced on February 15 and referred to the House Agricultural Affairs Committee on February 16.

House Concurrent Resolution No. 11

Summary - States findings of the Legislature and recognizes 988 as the universal mental health and suicide prevention crisis phone number.

Statement of Purpose - This resolution requests that the Idaho Legislature in cooperation and partnership with the Idaho Suicide Prevention Action Collective and Idaho Department of Health and Welfare recognize 988 as the new universal mental health and suicide prevention crisis phone number effective July 2022.

Status - HCR011 was introduced on March 1, referred to the House Health & Welfare Committee on March 2, and Reported out of Committee with Do Pass Recommendation on March 4.

House Joint Resolution No. 4

Summary - States findings of the Legislature and proposes an amendment to the Idaho Constitution requiring a 2/3 vote of the Legislature to legalize certain controlled substances.

Status - HJR004 was introduced on March 4 and referred to the State Affairs Committee.

Senate Bill No. 1150

Summary - Amends existing law to revise provisions regarding requirements for ballot initiative signatures to take place in Idaho.

Statement of Purpose - This legislation would require that those who circulate petitions and gather signatures for ballot initiatives and referendums must collect those signatures in the State of Idaho. The person who collects the signatures must certify that they were physically located in the State of Idaho at the time of signing.

Status - S1150 was introduced on February 26, referred to the Senate State Affairs Committee on March 1, and Reported out of Committee with Do Pass Recommendation on March 3. On March 4 it was read for a second time and filed for a third reading.

Senate Bill No. 1165

Summary - Relates to the appropriation to the Department of Health and Welfare for fiscal year 2022.

Statement of Purpose - The bill funds five line items, which provide $9,831,000 for Adult Mental Health, $297,000 for State Hospital South, $450,000 for recovery community center support in the Division of Substance Abuse Treatment and Prevention, and $8,264,000 for the Division of Substance Abuse Treatment and Prevention, which reflects the estimated amount allocated to the state through the COVID-19 Relief Act. (The full Statement of Purpose is too long to include in this update, we recommend reading it here).

Status - S1165 was introduced on March 4.

Updates on Previously Introduced Legislation
Senate Bill No. 1017
  • Topic - Amends existing law to provide for certain synthetic drugs and controlled substances.
  • Status Update - Signed by Governor Little on February 26. Effective July 1, 2021.
  • Read full bill information.

Senate Bill No. 1087
  • Topic - Amends existing law to raise the age of legal possession and use of tobacco products and electronic smoking devices to 21.
  • Status Update - Read third time in full and placed before the Senate for final consideration on March 2. PASSED - AYES 25, NAYS 10, ABSENT 0. Transmitted to the House and referred to the House Health & Welfare Committee on March 3.
  • Read full bill information.

Senate Bill No. 1110
  • Topic - Amends existing law to revise signature requirements for ballot initiative or referendum petitions. 
  • Status Update - Read third time in full and placed before the Senate for final consideration on March 1. PASSED - AYES 26, NAYS 19, ABSENT 0. Transmitted to the House and referred to the House State Affairs Committee on March 2.
  • Read full bill information.

House Bill No. 126
  • Topic - Amends and adds to existing law to establish provisions regarding industrial hemp.
  • Status Update - Reported out of Committee with Do Pass Recommendation on March 3, read second time and filed for a third reading on March 4.
  • Read full bill information.
Reminders on Pending Legislation

House Bill No. 31
  • Topic -This legislation would allow Idaho State Police (ISP) to perform testing for coroners that do not have the resources or do not want to pay for the testing at a private lab, permit ISP to share the results of the toxicology testing with the Department of Health & Welfare for statistical and monitoring purposes, and specify in state law that ISP Forensics can perform toxicology testing for these purposes.
  • Status - Introduced January 11 and referred to the House Judiciary, Rules & Administration Committee on January 25.
  • Read full bill information.

House Bill No. 38
  • Topic - Telehealth Access
  • Status - Reported out of Senate Health & Welfare Committee with Do Pass Recommendation on February 11.
  • Read full bill information.

House Bill No. 39
  • Topic - Controlled Substances
  • Status - Reported out of Senate Health & Welfare Committee with Do Pass Recommendation on February 11.
  • Read full bill information.

House Bill No. 40
  • Topic - Idaho Pharmacy Act
  • Status - Reported out of Senate Health & Welfare Committee with Do Pass Recommendation on February 11.
  • Read full bill information.

House Bill No. 83
  • Topic - Appropriations, Health and Welfare, Behavioral Health Services
  • Status - Reported out of Senate Committee with Do Pass Recommendation on February 10, filed for third reading on February 11.
  • Read full bill information.

House Bill No. 108
  • Topic - Amends and adds to existing law to authorize the possession, distribution, transportation, and use of cannabis for medical purposes.
  • Status - Introduced on February 9 and referred to the House Health and Welfare Committee on February 10.
  • Read full bill information.

Senate Joint Resolution No. 101
  • Topic - Amends existing law to revise provisions regarding excessive increased prices during an emergency. Including the price of pharmaceuticals.
  • Status - Reported out of Committee with Do Pass Recommendation on February 24. Read second time and filed for third reading on February 25.
  • Read full bill information.

Senate Bill No. 1041
  • Topic - Proposes an amendment to the Idaho Constitution prohibiting the production, manufacture, transportation, sale, delivery, dispensing, distribution, possession, or use of certain psychoactive drugs.
  • Status - Passed the Senate on February 3, introduced in the House and referred to House State Affairs Committee on February 4.
  • Read full bill information.
Have feedback, thoughts, or questions? Email me at jessie.dexter@odp.idaho.gov
Sincerely,

Jessie Dexter
Idaho Office of Drug Policy
Idaho Office of Drug Policy | odp.idaho.gov