On February 26, 2024, Governor Brad Little signed House Bill 406 into law, making Idaho one of a growing number of states to impose mandatory minimum sentences specifically for fentanyl trafficking. The law has significant implications for anyone in Idaho charged with fentanyl-related offenses — and for their families who need to understand what sentences are now required by law and cannot be reduced by a judge's discretion.
What HB 406 Does
Prior to HB 406, Idaho judges had discretion in sentencing drug trafficking cases. They could consider individual circumstances, criminal history, cooperation, and other factors when determining a sentence. HB 406 eliminates that discretion for fentanyl trafficking above specified quantities: judges are now required by law to impose the mandatory minimum sentence, regardless of the individual's circumstances.
The Mandatory Minimum Tiers
HB 406 establishes three tiers of mandatory minimum sentences based on the quantity of fentanyl:
- 4 to 13 grams, or 100 to 249 pills: Minimum 3 years in prison plus a minimum $10,000 fine
- 14 to 27 grams, or 250 to 499 pills: Minimum 5 years in prison plus a minimum $15,000 fine
- 28 grams or more, or 500 or more pills: Minimum 10 years in prison plus a minimum $25,000 fine
These minimums are floors, not ceilings — judges may impose longer sentences. But they cannot impose shorter ones, regardless of circumstances that might previously have warranted a lighter sentence (first offense, addiction rather than dealing, cooperation with law enforcement, etc.).
Drug-Induced Homicide
HB 406 also includes a drug-induced homicide provision: supplying drugs that cause another person's death can result in felony homicide charges. This means that someone who provides fentanyl to another person who subsequently dies from an overdose — even in a peer-to-peer sharing situation — may face felony murder or manslaughter charges under the law.
Drug-induced homicide laws have been controversial in criminal justice policy circles. Proponents argue they deter fentanyl distribution by holding suppliers accountable for deaths. Critics argue they are frequently applied to people who are themselves addicted and sharing drugs — not distributors — and that they deter people from calling 911 when someone overdoses out of fear of prosecution, which can cost lives.
Why Idaho Passed the Law
Idaho, like many states, has been severely affected by the fentanyl crisis. Illicitly manufactured fentanyl — often pressed into counterfeit pills designed to resemble prescription opioids or other drugs — has been responsible for a growing share of overdose deaths in the state. Idaho lawmakers framed HB 406 as a response to this public health emergency, arguing that stiffer mandatory sentences for trafficking would deter large-scale distribution and reduce the supply of fentanyl in Idaho communities.
Impact on IDOC Population
Idaho's Department of Correction was already facing a growing prison population when HB 406 was signed. IDOC Director Bree Derrick had testified before the state legislature about the strain of a steadily rising population on existing infrastructure and resources. Mandatory minimums for fentanyl will add to this pressure over time, as people convicted under HB 406 serve longer sentences with less judicial discretion for early release.
What Families Should Know
If your loved one is facing fentanyl charges in Idaho:
- The mandatory minimums are not negotiable: A plea agreement cannot result in a sentence below the mandatory minimum if the underlying conviction is for fentanyl trafficking at a qualifying quantity. The mandatory minimum is imposed by law, not by prosecutorial or judicial choice.
- Quantity matters enormously: The difference between 3.9 grams and 4 grams of fentanyl is the difference between no mandatory minimum and a required 3-year sentence. Your loved one's attorney needs to scrutinize the evidence supporting the quantity determination.
- An experienced criminal defense attorney is essential: Idaho's fentanyl laws now carry some of the most severe mandatory consequences in the state's criminal code. Someone without experienced defense representation faces a serious disadvantage.
- First Step Act does not apply to state cases: The federal First Step Act's earned time credits apply only to federal BOP inmates. Idaho state convictions under HB 406 are governed entirely by Idaho law.
IDOC headquarters: 1299 North Orchard Street, Suite 110, Boise, ID 83706. Phone: (208) 658-2000. Website: idoc.idaho.gov.