Idaho Senate signs off on proposed anti-marijuana constitutional amendment
The Idaho Senate signed off on a proposed amendment to the Idaho Constitution on Tuesday that, if approved, would make it so that only the Idaho Legislature has the power to legalize marijuana and other narcotics.
House Joint Memorial 4 puts the proposed amendment to the Idaho Constitution up for a vote in Idaho's November 2026 general election.
If a majority of voters pass the amendment, Idaho voters would no longer have the power to legalize marijuana through a citizen's ballot initiative.
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The proposed amendment that will go before Idaho voters states: 'Shall Section 26, Article III of the Constitution of the State of Idaho be amended to provide that only the Idaho Legislature 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?'
Sen. Scott Grow, R-Eagle, co-sponsored the proposed amendment. He and other supporters said it is a way to be tough on marijuana and differentiate Idaho from the majority of surrounding states that have legalized either recreational cannabis or medical cannabis.
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Grow also said advancing the proposed amendment was a way for the Idaho Legislature to exert its authority on the subject of cannabis and other drugs.
'Too many legislatures across this nation have sat back and just waited as initiative after initiative would come after them, until they finally overwhelm it and overwhelm the legislature,' Grow said. 'We are acting because that's our responsibility.'
Grow also cited an existing section of the Idaho Constitution that states, 'The first concern of all good government is the virtue and sobriety of the people, and the purity of the home. The legislature should further all wise and well directed efforts for the promotion of temperance and morality.'
However, opponents said the proposed amendment shows a distrust in voters by asking them to give up their own powers available through the ballot initiative process. In Idaho, a ballot initiative is a form of direct democracy where the voters of Idaho – not the Idaho Legislature – decide whether to pass a proposed law.
'The people have a right under the initiative and the referendum process to weigh in on these issues,' Sen. James Ruchti, D-Pocatello, said. 'We have been clear in the Constitution that all political power is inherent in the people, and we have been clear that the people reserve to themselves the power to propose laws and enact the same at the polls independent of the Legislature. We should respect the people.'
Organizers have routinely attempted to gather signatures over the past 10 years attempting to place a medical marijuana or decriminalization initiative on the ballots, but have failed to meet the threshold to qualify their initiative for an election.
Organizers are currently attempting to qualify an initiative to decriminalize marijuana for the November 2026 election.
As for the proposed anti-marijuana amendment to the Idaho Constitution, it takes a two-thirds supermajority of both the Idaho House of Representatives and Idaho Senate to advance a proposed amendment to the Idaho Constitution. The Idaho Senate voted 29-6 to pass the amendment Tuesday afternoon.
The Idaho House previously voted 58-10 to approve the amendment on March 5.
When it goes before voters in November 2026, it will take a simple majority of voters to approve the amendment to the Idaho Constitution.
This is the second major piece of anti-marijuana legislation the Idaho Legislature has put forward in 2025. On Feb. 24, Gov. Brad Little signed a new law creating a mandatory minimum fine of $300 for anyone convicted of simple marijuana possession.
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