By any measure, a gram of wax is a solid deal for a double quarter-pounder, two fries, and two large sodas. For 22-year-old Brian Starliper of Idaho Falls, convenienceâand the possibility of making a new friendâoutweighed cost. âIâm too lazy to get up and go to McDonaldâs myself tbh,â Starliper wrote on Facebook. But Facebook, tbh, is crawling with snitches. And somebody tipped off the Idaho Falls Police Department about Starliperâs offer. That tip led to a search warrant which led to a pair of arrests and a long docket of charges. And thatâs why itâs not a good idea to talk about weed on Facebook in Idaho.
Cannabis prices can vary substantially, especially in a place with no legal market. Idaho is one of the few remaining states in the country where cannabis is fully illegal. No medicalânot even any decriminalization measuresâbut plenty of harsh sentences. Possess less than three ounces for personal use, and youâre looking at a misdemeanor charge with up to a year in jail. Anything above that, or any amount with intent to distribute, and youâre looking at a felony. Idaho even has felony charges for weed paraphernalia.
So, based on law enforcementâs search of his residence, Starliper had cannabis for personal useâand trading for fast food, obviously. Whoever brought Starliper the grub was going to get more than a gram of wax to take home. The dude and his companion were open to a hang. âI have hella wax to play with too,â he wrote.
Starliperâs ad received an answer almost instantly. He even provided his address to the helpful stranger for all to see. Bring some food and get some wax; could be a standing offer with this guy. Heâs got wax to play with! Or at least about 10 grams of it, and a gram of coke, and various dab rigs, according to Idaho Falls police.
Someone, obviously, saw Starliperâs post and decided it would be cool to tell the cops about it. And when they got the tip, the Idaho Falls Police Department Special Investigations Unit wasted no time. They obtained a warrant on Thursday, then raided Starliperâs residence early Friday. Starliper already had two outstanding warrants for violating his probation and failing to appear in court. In addition to those charges, he faces charges for possessing controlled substances with intent to distribute. Heâs currently behind bars at Bonneville County Jail.
But the enforcement action against Starliper also took down a woman in the house with him. Her presence is only hinted at in the Facebook messages by a shrugging emoji. Kayleigh Hawley, who is 20-years-old, isnât in jail. But police cited her with possession of marijuana paraphernalia and a second charge known as âfrequenting.â Turns out, Idaho has a controlled substances law against âcriminal frequenting,â which means being present at a place where you know illegal controlled substances are being manufactured, cultivated, or held for distribution, transportation, delivery, use orâthe kickerâto be given away.
So merely for hanging with a dude who offered some wax in exchange for fast food, Kayleigh Hawley is facing a charge that could cost her $300 and/or 90-days in jail. Geoffrey Talmon, who works with Idaho Freedom Foundation, says the state tends to charge frequenting when it canât prove any other drug charges. And the law allows police to charge someone even if they did not come into contact with illegal substances at all. So for example, if youâre at a concert and you smell someone smoking weed, and you donât leave, youâve committed a criminal act. Thatâs why Talmon says the statute is unconstitutionally over-broad and should be eliminated.
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