Bill
H 271
Prohibits publishing commercial ads in Idaho for marijuana, narcotics, or illegal psychoactive substances; misdemeanor with $500 per violation, daily offenses, across all media.
Status and effective date
- Enacted and signed by the Governor: April 1, 2025.
- Declares an emergency; effective: April 1, 2025.
- Introduced: February 18, 2025.
Purpose and intent
- To prohibit the publication of commercial advertisements in Idaho that promote marijuana, narcotics, or other psychoactive substances that are illegal under Idaho law (and illegal in the jurisdiction where they are provided). The Senate amendment narrowed the original draft (which covered “illegal products and services”) to focus specifically on illegal drugs.
Key provisions
- New Chapter 90 added to Title 18, Idaho Code (18-9001 — Advertising Illegal Drugs):
- Prohibition: It is unlawful for any person to willfully publish a commercial advertisement, in any medium, within Idaho, for marijuana, narcotics, or other psychoactive substances that are illegal under Idaho law and illegal where provided.
- Penalty: The offense is a misdemeanor (punishable in accordance with Idaho Code section 18-113) and carries a fine of $500 per violation.
- Continued violations: Each day a violation continues constitutes a separate offense.
- Definition: “Commercial advertisement” means an advertisement that encourages consumers to engage with products or services to benefit a commercial enterprise.
- Amendment to fines apportionment (Section 19-4705, Idaho Code):
- The bill amends the statute governing remittance and monthly apportionment of fines and forfeitures so that fines collected under the new offense are apportioned under Idaho’s general scheme. Under the existing framework, fines not otherwise specified are generally apportioned with 10% remitted to the state treasurer (allocated between the state general fund and PST fund) and 90% to the county district court fund (or to a city in specified circumstances).
Who is affected
- Advertisers and publishers operating “in any medium” within Idaho — including print, broadcast, online platforms, classified ad services, and businesses that place or host ads targeting Idaho consumers.
- Out-of-state sellers or services that place advertisements within Idaho (subject to the statute’s “within the state of Idaho” publication requirement).
- Courts and local governments: misdemeanor prosecutions will use existing court procedures; counties may receive most of collected fines pursuant to the apportionment rules.
Procedural history and votes
- Passed Idaho Senate (as amended) and House in March 2025 (Senate final passage: 24–10–1; House final passage: 50–20–0). Enrolled and signed into law April 1, 2025.
Fiscal impact
- Fiscal note states no net increase/decrease in revenue or additional state/local expenditures; counties (sheriffs) may benefit from the distribution of fines.
Notes
- The statute applies to advertisements “published … within the state of Idaho,” and defines “commercial advertisement,” which affects how the law will be applied to various media and intermediaries. Enforcement and constitutionality (e.g., free‑speech or interstate commerce questions) may be subjects of future legal interpretation or challenge.
Compiled from official sources — confirm details with the bill’s official record.
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