ISP stops protesting mom from lighting joint, tickets for possession

Idaho marijuana moms protest on New Year's Day. Photo by KBOI staff.

BOISE, Idaho (KBOI) -- Some Idaho moms headed to the Statehouse to demand a change in Idaho's marijuana laws...but the event didn't quite go as planned.

The plan was to smoke some marijuana on the steps and start a conversation about Idaho drug laws.

Two crowds formed at the Statehouse. The first comprised of many protesting the laws in Idaho concerning medical marijuana. The other crowd was made up of Idaho State Police troopers meant to prevent any illegal action.

The organizer of the event, Serra Frank, gave a speech about why she believes the drug should be legal. She touched on her personal life, health conditions that benefit from using marijuana, and also how her husband and step daughter had to move to southern California so the young girl could start treatment of medicinal marijuana.

"I was forced to make the choice of having her do that, or having her stay here and treating her illegally, like I do," Frank said. "And risking our family being torn apart by either child protective services or the police."

After a lengthy speech, the organizer reached into her purse to grab a joint and light it up. However, ISP troopers on scene stopped her, saying they wouldn't allow her to openly break the law.

Troopers said no matter what anyone thinks of the drug being illegal, it's still against the law to smoke it in the state of Idaho, not to mention in public.

"It's not us to choose which crimes we enforce, (and) opinion does not matter," ISP trooper Brad Doty said. "It's what the state law is. State law says you can not possess or consume marijuana or (have) paraphernalia used for that in your possession."

Frank did cooperate with the troopers; she didn't light her joint. She was given a ticket for possession, however, which carries a maximum penalty of $1000 and or a year in jail.