Idaho: Lawmakers Advance Resolution Eliminating Voters’ Ability to Legalize Marijuana by Ballot Initiative

Members of the Idaho House of Representatives passed a resolution yesterday to provide the legislature with the exclusive authority to decide marijuana policy.

House Joint Resolution 4 seeks to amend the state constitution to prohibit any future voter-initiated ballot questions legalizing marijuana. If enacted, “Only the legislature of the state of Idaho shall have power and authority to legalize the growing, producing, manufacturing, transporting, selling, delivering, dispensing, administering, prescribing, distributing, possessing, or using of marijuana, narcotics, or other psychoactive substances.”

The resolution now awaits action from the Senate. If approved, the measure would go before voters in the form of a ballot question in 2026.

While state lawmakers have historically voiced strong opposition to marijuana policy reform, their views are inconsistent with those of Idaho voters – nearly 70 percent of whom say that “the use of marijuana for medical purposes should be made legal.”

NORML’s Deputy Director Paul Armentano said: “State lawmakers are well aware that their ‘reefer madness’ views are out of step with most Idahoans. That is why they are seeking to remove voters from the equation. Whether or not one personally supports or opposes cannabis legalization, these overtly undemocratic tactics ought to be a cause of deep concern.”

In February, Republican Gov. Brad Little signed legislation into law making the Idaho the only state to impose mandatory minimum penalties for low-level marijuana possession.

A state-by-state guide to pending marijuana legislation is available from NORML’s Take Action Center.